UNIVERSITY  OF  CALIFORNIA 
AT   LOS  ANGELES 


GIFT  OF 

J.   E.   Payson 


64TH  CONGRESS,  )  SENATE.  (  DOCUMENT 

1st  Session.       J  (     No.  181. 


THE  SENATE  OF  THE  UNITED  STATES. 


REPORT 


OF  THE 


DELEGATES  OF  THE  UNITED  STATES 


TO  THE 


FIFTH  INTERNATIONAL  PRISON  CONGRESS 


HELD  AT 


PARIS,  FEANCE,  IN  JULY,  1895. 


MARCH  23,  1896. — Referred  to  the  Committee  on  Foreign  Relations 
and  ordered  to  be  printed. 


WASHINGTON: 

GOVERNMENT   PRINTING    OFFICE. 
1896. 


TABLE  OF  CONTENTS. 


Page. 

Letter  of  transmittal  of  the  Secretary  of  State 3 

International  Prison  Commission '. 5 

Official  invitation  to  the  United  States 7 

Proceedings  of  the  Congress : 

Organization  and  preliminaries 13 

First  Section :  Penal  legislation 22 

Second  Section :  Prison  administration 38 

Third  Section :  Preventive  means 50 

Fourth  Section :  Children  and  minors 57 

Close  of  the  Congress 66 

Eeceptious  and  excursions 67 

Recommendations  by  the  United  States  delegates 75 

PART  II. 
Special  reports : 

British  and  Continental  Prisons.     By  Gen.  Roeliff  Brinkerhoff 79 

The  Bertillon  System.     By  Maj.  R.  W.  McClaughrey 107 

Anthropometric  measurements.     By  Surg.  Paul  Richard  Brown,  U.  S.  A Ill 

The  discharged  convict  in  E  urope.     By  Rev.  Samuel  J.  Barrows 121 

2 


Iff 


LETTER  OF  TRANSMITTAL. 


DEPARTMENT  OF  STATE, 

Washington,  March  31,  1896. 

SIR:  I  have  the  honor  to  lay  before  you,  with  a  view  to  its  consider- 
ation by  the  Congress,  the  report  of  the  delegates  of  the  United  States 
to  the  Fifth  International  Prison  Congress,  which  was  held  at  Paris, 
France,  in  July,  1895. 

It  presents  a  comprehensive  statement  of  all  that  transpired  on  that 
occasion  and  contains  much  valuable  information  that  might  profitably 
be  considered  with  a  view  to  the  alleviation  of  certain  phases  of  human 
misery  without  sacrificing  any  of  the  absolute  prerequisites  to  or 
guaranties  of  social  order. 

In  connection  with  this  report  Gen.  E.  Brinkerhoff,  president  of  the 
American  delegation,  has  submitted  to  the  Department,  under  date  of 
the  19th  instant,  a  request  from  the  International  Prison  Commission, 
which  is  the  executive  and  permanent  arm  of  the  Congress,  that  the 
Government  of  the  United  States  be  represented  by  a  delegate  in  its 
organization.  Although  this  Government  suggested  and  founded  the 
International  Prison  Congress,  it  does  not  contribute  anything  toward 
its  expense  and  has  never  had  a  representative  on  the  permanent  Com- 
mission. Even  the  delegates  from  this  country,  who  have  been  com- 
missioned by  this  Department  and  who  have  attended  the  quinquennial 
meetings  of  the  Congress,  have  uniformly  borne  their  own  expenses, 
with  the  single  exception  of  the  late  Dr.  E.  C.  Wines,  for  the  payment 
of  whose  expenses  Congress  made  provision. 

The  subscription  to  the  International  Prison  Commission  is  based 
upon  the  population  of  the  countries  represented,  being  $5  per  1,000,000 
inhabitants.  Assuming  the  population  of  the  United  States  to  be 
65,000,000,  the  annual  subscription  would  be  but  $325,  or  $1,625  for  the 
five  years.  The  money  thus  received  by  the  International  Commission 
is  expended  in  the  publication  of  monographs,  bulletins,  reports,  and 
the  proceedings  of  the  International  Prison  Congress,  which  are  sent 
to  the  Governments  in  proportion  to  their  subscriptions. 

The  Commission  holds  a  meeting  every  alternate  summer  in  Switzer- 
land, and  the  appropriation  of  the  United  States  should  properly  include 


4  LETTER    OF    TRANSMITTAL. 

the  expenses  of  the  delegate  from  this  country.  Thus,  an  annual  appro 
priation  of  $2,000  would  not  only  defray  the  subscription  of  this  Gov 
eminent  toward  the  support  of  the  Commission,  but  also  the  expenses 
at  home  aud  abroad  of  the  United  States  commissioner. 

It  may  be  observed  that  the  rules  of  the  Commission  do  not  require 
that  any  delegate  shall  commit  his  Government  to  any  action  taken 
by  the  Commission;  it  simply  secures  the  support  and  cooperation  of 
the  different  nations  represented  in  the  study  of  the  great  problems 
relating  to  the  suppression  of  crime,  the  protection  of  society,  the 
proper  treatment  of  the  criminal,  the  moral  rescue  of  children,  the 
organization  of  every  means  for  preventing  the  discharged  prisoner 
from  relapsing  into  the  life  of  crime. 

The  American  delegation  feel  very  strongly  the  importance  of  acced- 
ing to  the  request  of  the  International  Prison  Commission,  not  merely 
because  the  Go  vernmen  t  of  the  United  States  appears  to  be  morally  bound 
to  support  an  international  enterprise  which  it  practically  inaugurated, 
but  because  the  American  people  may  reap  the  greatest  benefit  from  so 
doing.  The  International  Prison  Congress  is  a  great  humanitary  move 
meiit.  It  is  not  confined,  as  its  name  might  suggest,  merely  to  the 
question  of  administering  prisons,  but  to  the  whole  subject  of  the  pre 
vention  and  treatment  of  crime  in  all  its  aspects.  In  this  broad  aspect 
of  the  case  it  strongly  appeals  for  sympathy  and  aid,  to  the  end  that 
the  work  may  be  prosecuted  under  the  most  favorable  and  most  advan- 
tageous conditions. 

In  view  of  the  considerations  herein  advanced,  of  others  equally 
cogent  that  maybe  found  from  a  careful  reading  of  the  correspondence, 
of  the  recommendation  of  the  American  delegation,  and  of  the  formal 
request  of  the  International  Commission,  I  strongly  urge  that  the  sum 
of  $2,000  annually  be  appropriated  for  the  subscription  to  the  Commis- 
sion and  for  the  expenses  of  the  American  member  thereof. 

If  possible,  the  appropriation  desired  should  be  included  in  the  sun- 
dry civil  bill  or  in  some  other  available  form. 

I  have  the  honor  to  be,  sir,  your  obedient  servant, 

KICHARD  OLNEY. 

Hon.  ADLAI  E.  STEVENSON, 

Vice- President  of  the  United  States. 


INTERNATIONAL  PRISON  COMMISSION. 


WASHINGTON,  D.  0.,  March  19,  1896. 

SIR:  The  American  delegates  commissioned  by  the  Secretary  of 
State  to  the  International  Prison  Congress  held  at  Paris,  July,  1895, 
have  been  charged  by  the  International  Prison  Commission,  which  is 
the  executive  and  permanent  arm  of  the  Congress,  with  presenting  to 
the  Government  of  the  United  States  the  official  request  of  the  Commis- 
sion that  the  United  States  should  be  represented  in  its  organization. 
The  grounds  of  this  request  and  all  that  it  involves  are  presented  in 
the  following  statement,  accompanied  by  a  translation  of  a  letter  from 
the  secretary  of  the  Commission. 

Your  delegates  earnestly  hope  that  the  matter  may  receive  prompt 
consideration  from  the  Government,  and  that  the  invitation  of  the 
Commission  may  be  accepted. 

With  great  respect,  your  obedient  servants, 

K.  BRINKERHOFF, 
President  American  Delegation. 
SAMUEL  J.  BARROWS, 

Secretary. 
Hon.  EICHARD  OLNEY, 

Secretary  of  State  of  the  United  States. 


THE  NEED   OF  A  UNITED   STATES   COMMISSIONER. 

The  United  States  had  the  honor  of  founding,  twenty-five  years  ago, 
the  International  Prison  Congress.  It  appointed  Dr.  E.  C.  Wines  to 
go  to  Europe  and  urge  the  cooperation  of  European  Governments. 
Dr.  Wines  spent  a  year  abroad  for  this  purpose,  and  his  expenses  were 
paid  by  a  Congressional  appropriation.  As  the  result  of  his  earnest 
efforts,  the  International  Prison  Congress  was  held  in  London  in  1872. 

It  was  then  determined  to  organize  the  Congress  on  a  permanent 
basis.  A  committee  called  the  International  Prison  Commission  was 
formed,  of  which  Dr.  Wines  was  made  president.  Invitations  were 
sent  by  him  to  various  Governments  to  assist  at  the  session  of  the 
Commission  called  at  Bruchsal  in  1875.  Many  countries  responded  to 

5 


6  FIFTH   INTERNATIONAL    PRISON    CONGRESS. 

this  appeal.  The  organization  of  this  International  Commission  was 
completed  in  1878,  at  the  second  International  Prison  Congress,  held 
at  Stockholm.  Kules  and  regulations  were  adopted.  The  Government 
of  Sweden  and  Norway  was  asked  to  communicate  the  plan  of  organi- 
zation to  the  different  Governments  of  the  world  and  to  invite  their 
cooperation. 

The  death  of  Dr.  Wines  has  interfered  with  the  proper  presentation 
of  the  plan  to  the  United  States.  The  United  States  expressed  its 
entire  sympathy  with  the  work,  but  explained  that  it  could  only  accept 
after  having  complied  with  certain  requirements  of  its  constitutional 
law;  that  is  to  say,  securing  some  appropriation  from  Congress  for  its 
subscription  to  the  Commission. 

The  other  Governments  accepting  are  France,  Italy,  Switzerland, 
Denmark,  Spain,  Bavaria,  the  free  city  of  Hamburg,  the  free  city  of 
Lubeck,  the  Netherlands,  Eussia,  Hungary,  and  Austria.  Since  the 
work  of  Dr.  Wines  began  five  international  congresses  have  been  held, 
and  it  is  the  plan  to  hold  them  once  in  five  years;  but  the  United 
States,  though  it  suggested  and  founded  the  organization,  does  not  now 
contribute  anything  toward  its  expenses,  and  is  not  represented  by  a 
delegate  on  the  permanent  Commission.  It  has  contented  itself  with 
commissioning  delegates  to  the  quinquennial  gatherings,  who,  when 
they  have  attended,  have  paid  their  own  expenses. 

The  subscription  to  the  International  Prison  Commission  is  based  on 
the  population  of  the  countries  represented,  being  $5  for  each  1,000,000 
inhabitants.  Assuming  the  population  of  the  United  States  to  be 
65,000,000,  the  annual  subscription  would  be  but  $325,  or  $1,625  for  the 
five  years.  The  money  thus  received  is  expended  in  the  publication  of 
monographs,  bulletins,  reports,  and  the  proceedings  of  the  International 
Congress,  which  are  sent  to  the  Governments  in  proportion  to  their 
subscriptions. 

The  Commission  holds  a  meeting  annually  or  biennially  in  Switzer- 
land, and  the  appropriation  from  the  United  States  ought  to  include  the 
expenses  of  the  delegate  from  this  country.  The  sum  of  $2,000  annually 
would  pay  for  the  subscription  of  the  United  States  to  the  Commission, 
and  also  for  the  expenses  of  the  United  States  commissioner  in  attend- 
ing the  meetings  abroad  and  in  collecting  valuable  information  at  home. 

It  should  be  said  that  the  rules  of  the  Commission  do  not  require 
that  the  delegate  shall  commit  his  Government  to  any  action  taken 
by  the  Commission;  it  simply  secures  the  support  and  cooperation  of 
the  different  nations  represented  in  the  study  of  the  great  problems 
relating  to  the  suppression  of  crime,  the  protection  of  society,  the 
proper  treatment  of  the  criminal,  the  moral  rescue  of  children,  the 
organization  of  every  means  for  preventing  the  discharged  prisoner 
from  relapsing  into  the  life  of  crime. 

The  International  Commission  at  its  last  meeting  invited  again  the 
cooperation  of  the  United  States  in  its  work,  and  a  letter  on  the 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  7 

subject,  dated  January  31, 1896,  has  been  forwarded  by  Dr.  Guillaume, 
the  secretary  of  the  International  Commission,  asking  that  the  American 
delegation  to  the  International  Congress  at  Paris,  of  which  the  Com- 
mission is  the  executive  arm,  formally  present  the  matter  to  the 
American  Government  and  earnestly  request  its  cooperation. 

The  American  delegation  feel  very  strongly  the  importance  of  acced- 
ing to  this  request,  not  merely  because  the  United  States  seems  to  be 
morally  bound  to  support  an  international  enterprise  which  it  inaugu- 
rated, but  because  the  American  people  may  reap  the  greatest  benefit 
from  so  doing.  The  International  Prison  Congress  is  a  great  humani- 
tary  movement.  It  is  not  confined,  as  its  name  might  suggest,  merely 
to  the  question  of  administering  prisons,  but  to  the  whole  subject  of 
the  prevention  and  treatment  of  crime  in  all  its  aspects. 

Within  the  last  twenty-five  years,  since  the  Congress  was  established, 
the  different  Governments  represented  have  derived  great  advantages 
from  studying  the  criminal  codes,  reformatory  and  penal  institutions, 
and  preventive  methods  and  legislation  in  different  countries.  Thus, 
France,  England,  and  Belgium  have  borrowed  from  the  United  States 
the  system  of  probation  established  in  Massachusetts,  while  Illinois, 
New  York,  and  Massachusetts  have  borrowed  from  France  the  system 
now  in  vogue  in  that  country  of  identifying  criminals,  which  ought, 
indeed,  to  be  adopted  everywhere  in  the  United  States.  In  many  other 
respects,  such  as  various  features  of  prison  administration,  the  treat- 
ment of  discharged  convicts,  etc.,  we  have  much  to  learn  from  Europe. 
It  is  also  important  that  the  American  commissioner  should  be  charged 
with  the  duty  of  presenting  to  the  Commission  the  best  fruits  of  Amer- 
ican experience. 

OFFICIAL   INVITATION   TO   THE   UNITED   STATES. 

At  the  close  of  the  Congress  proper  the  International  Penitentiary 
Commission,  which  is  the  permanent  committee  of  organization,  held  a 
session  at  the  College  of  France  on  Wednesday,  July  10.  In  addition  to 
the  regular  members  of  the  Commission,  delegates  from  Great  Britain, 
Austria,  and  the  United  States  were  present,  all  of  whom  expressed 
the  hope  that  their  countries  might  be  represented  in  the  permanent 
organization.  M.  Duflos  was  elected  an  honorary  president  of  the  Com- 
mission. M.  de  Latour,  of  Belgium,  was  chosen  president,  and  M.  de 
Laszlo,  of  Hungary,  treasurer.  M.  Dr.  Guillaume,  though  wishing  to 
withdraw  from  the  position  as  general  secretary,  was  induced  to  retain 
that  position. 

The  delegates  of  the  United  States  urge  upon  the  Government  the 
importance  of  being  represented  not  only  at  the  sessions  of  the  Con- 
gress, which  are  held  once  in  five  years,  but  also  in  the  annual  meetings 
of  the  International  Penitentiary  Commission.  The  congresses  have 
assumed  such  magnitude  that  a  permanent  committee  of  organization 
to  prepare  programmes  and  questions,  secure  monographs,  and  make 


8  FIFTH   INTERNATIONAL    PRISON    CONGRESS. 

preparations  for  the  numerous  volumes  of  preliminary  reports  is  abso- 
lutely necessary. 

A  letter  on  tbis  subject,  dated  January  31, 1896,  has  been  forwarded 
to  the  president  of  the  American  delegation  from  Dr.  Guillaume,  the 
secretary  of  the  International  Commission.  Accompanying  this  letter 
is  a  communication  for  presentation  to  the  Secretary  of  State,  which  is 
embodied  herewith: 

INTERNATIONAL  PENITENTIARY  COMMISSION, 

Brussels  and  Berne,  January,  1S9G. 
To  the  Secretary  of  State  of  the  United  States: 

We  have  the  honor  to  lay  before  your  excellency  the  following  facts: 

The  luternational  Prison  Congress  which  took  place  in  London  in  1872,  thanks  to 
the  initiative  of  Dr.  E.  C.  Wines,  representing  officially  the  Government  of  the 
Un  ited  States,  had  rather  the  character  of  a  free  assembly,  although  the  larger  part 
of  the  nations  were  represented  by  official  delegates.  The  end  in  view  was  less  to 
discuss  theoretical  questions  than  to  exchange  information  and  to  give  to  represent- 
atives of  penal  science  the  opportunity  of  seeing  and  knowing  each  other.  Before 
separating,  the  Congress,  feeling  the  need  of  continuing  the  work  thus  begun,  chose 
a  commission  whose  duty  it  was  to  arrange  a  second  International  Congress. 

After  the  first  meeting  at  Brussels,  the  Commission  found  that  to  attain  the  end 
it  sought  it  was  indispensable  to  give  to  the  Commission  an  official  character.  Dr. 
Wines,  president  of  the  Commission,  addressed  to  the  various  Governments  a  request 
for  the  appointments  of  delegates  to  assist  at  the  session  of  the  Commission  called 
at  Bruchsal,  1875.  The  Governments  of  France,  Sweden,  Norway,  Denmark,  Italy, 
the  grand-duchy  of  Baden,  Holland,  and  Switzerland  responded  to  this  appeal. 
Their  delegates  took  part  in  the  discussions  of  the  Commission  with  the  same  rights 
as  those  who  had  been  appointed  by  the  London  Congress. 

In  1877  the  officers  were  asked  to  draw  up  a  set  of  rules  of  organization  in  order 
better  to  define  the  character  of  the  International  Penitentiary  Commission.  This 
draft  of  rules  was  submitted  in  1878,  when  the  Congress  met  in  Stockholm,  to  the 
official  delegates  of  the  Governments  represented  at  this  international  gathering. 
After  the  discussion  and  adoption  of  the  plan,  the  Commission  was  instructed  to 
address  itself  to  the  Government  of  his  majesty,  the  King  of  Sweden  and  Norway, 
to  ask  it  to  please  accept  the  mission  of  communicating  these  regulations  to  the 
other  Governments  and  to  recommend  their  adoption.  His  excellency,  M.  Bjorn- 
stjerna,  who  had  already  shown  his  great  interest  in  the  work  of  the  Congress  by 
accepting  its  presidency,  promptly  submitted  to  the  approbation  of  the  Govern- 
ments represented  at  the  Congress  of  Stockholm  the  draft  of  regulations  for  the 
International  Penitentiary  Commission. 

Eight  States  accepted  the  plan  purely  and  simply ;  four  accepted  it  conditionally, 
two  declined  more  or  less  explicitly  to  participate  in  the  work  of  the  Commission. 

The  States  accepting  without  condition  were  Bavaria,  Denmark,  Spain,  the  free 
city  of  Hamburg,  the  free  city  of  Lubeck,  the  Netherlands,  Russia,  and  Switzerland. 

The  countries  which  accepted  only  on  certain  conditions  were  Austria,  Hungary, 
France,  Italy,  and  Sweden. 

Those  which  declined  to  be  represented  in  the  Commission  were  the  United  States 
of  America  and  Belgium. 

The  Government  of  the  United  States  expressed  its  entire  sympathy  with  the  work, 
but  explained  that  it  could  only  accept  after  having  complied  with  certain  require- 
ments of  its  constitutional  law,  and  the  Belgian  Government  reserved  the  right  of 
sending  delegates  to  the  Prison  Congress  and  to  accept  finally  membership  in  the 
Commission  when  it  had  recognized  its  utility  tor  its  own  country.  The  English 
Government,  which  was  not  represented  officially  at  the  London  Congress  or  that  of 
Stockholm,  continued  to  maintain  a  neutral  position. 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  9 

After  having  examined  the  observations  made  on  the  scheme  of  organization  by 
the  Governments  of  the  five  States  which  accepted  membership  conditionally,  the 
Commission,  composed  of  official  delegates,  met  at  Paris,  1880,  and  gave  a  definite 
form  to  the  plan,  and  in  1886,  in  a  session  at  Berne,  it  added  an  interpretative  state- 
ment to  dispel  all  ambiguity  and  misunderstanding. 

We  have  the  honor  of  submitting  to  your  excellency  a  copy  of  the  regulations  as 
adopted  in  the  session  at  Paris  in  1880  and  the  interpretative  act  which  was  added 
at  the  session  of  Berne  in  1886. 

Since  then  the  Governments  of  France,  Hungary,  Italy,  and  Belgium  have  accepted 
the  by-laws  and  are  represented  in  the  International  Commission.  Together  with  the 
other  Governments  which  had  before  adopted  the  regulations  and  taken  part  in  the 
•work  of  the  Commission,  they  have  paid  to  the  treasurer  their  annual  subscription, 
which  has  been  fixed  at  25  francs  ($5)  per  million  inhabitants. 

Thanks  to  these  financial  resources,  the  Commission  has  been  able  to  publish  in  a 
quarterly  bulletin  the  documents  mentioned  in  article  6  of  the  by-laws,  and  above 
all  the  preparatory  reports  and  proceedings  of  the  congresses  which,  succeeding  that 
of  Stockholm,  were  held  in  Rome  in  1885,  St.  Petersburg  in  1890,  and  Paris  in  1895. 
Copies  of  this  bulletin  are  sent  to  the  Governments  in  proportion  to  their  subscription. 

The  Government  of  His  Majesty  the  King  of  Belgium  has  addressed  to  the  Com- 
mission a  gracious  invitation  to  hold  at  Brussels  in  1900  the  International  Prison 
Congress.  That  invitation  has  been  accepted  with  gratitude  by  the  Paris  Congress, 
in  which  your  honorable  Government  has  shown  the  liveliest  interest  by  sending 
official  delegates.  These  are  charged  by  us  with  presenting  and  interpreting  to  your 
excellency  the  wishes  of  the  Commission,  which  hopes  to  see  every  country  repre- 
sented in  its  organization  and  their  delegates  taking  an  active  part  in  its  proceedings. 

In  the  hope  of  a  favorable  response,  we  beg  your  excellency  to  accept  the  assur- 
ance of  our  distinguished  consideration  and  of  our  respectful  devotion. 

In  the  name  of  the  Commission : 

DE  LATOUR,  President. 
Dr.  GUILLAUME,  Secretary. 

In  accordance  with  this  request,  and  believing  heartily  in  the  value  to 
the  United  States  as  well  as  to  the  International  Prison  Congress  of 
such  representation,  the  American  delegates  earnestly  urge  the  accept- 
ance of  this  invitation  and  the  appointment  of  a  member  of  the  Com- 
mission by  the  United  States.  The  expense  to  the  Government,  not 
exceeding  $2,000  annually,  is  inconsiderable  compared  with  the  value 
of  being  represented  in  a  great  international  movement  for  the  preven- 
tion of  crime,  the  protection  of  society,  the  rescue  of  children,  and  the 
reformation  of  the  erring.  This  international  movement  the  United 
States  had  the  honor  of  starting,  and  no  country  in  the  world  is  more 
interested  in  promoting  it. 


REPORT 

OF  THE 

DELEGATES  COMMISSIONED  BY  THE  SECRETARY  OF  STATE  TO  THE 
FIFTH  INTERNATIONAL  PRISON  CONGRESS  AT  PARIS,  JULY,  1895, 


11 


REPORT  OF  THE  DELEGATES  TO  THE  FIFTH  INTERNATIONAL 
PRISON  CONGRESS  AT  PARIS,  JULY,  1895. 


WASHINGTON,  D.  0.,  March  18,  1896. 

SIR:  As  secretary  of  the  delegation  of  the  United  States  to  the 
Fifth  International  Prison  Congress  at  Paris,  I  have  the  honor  to 
present  herewith  the  report  of  the  delegates  commissioned  by  the 
Secretary  of  State.  The  report  has  been  personally  approved  and 
signed  by  each  member  of  the  delegation. 

It  is  submitted  with  the  hope  that  it  may  be  found  of  sufficient  value 
to  transmit  to  Congress,  and,  as  a  public  document,  serve  some  useful 
purpose  of  information  and  education  in  this  country. 
I  am,  sir,  your  obedient  servant, 

SAMUEL  J.  BARROWS. 

The  honorable  the  SECRETARY  OF  STATE. 


PROCEEDINGS  OF  THE  CONGRESS. 


ORGANIZATION   OF   THE   AMERICAN   DELEGATION. 

The  invitation  to  the  United  States  Government  to  commission  dele- 
gates to  the  Fifth  International  Prison  Congress  was  forwarded  and 
communicated  by  the  Department  of  State  to  the  National  Prison  Asso- 
ciation of  the  United  States  held  at  St.  Paul,  Minn.,  June  16-20, 1894, 
with  the  request  that  the  association  should  choose  a  number  of  dele- 
gates. A  special  committee  appointed  by  the  association  reported  the 
following  names,  which  were  unanimously  adopted:  Gen.  E.  Brinker- 
hoff,  Ohio;  Eev.  J.  L.  Milligan,  Pennsylvania;  E.  W.  McClaughry, 
Illinois;  Dr.  P.  D.  Sims,  Tennessee;  Eev.  S.  J.  Barrows,  Massachusetts; 
Charlton  T.  Lewis,  New  Jersey;  J.  S.  Appel,  Colorado;  Judge  J.  W. 
Willis,  Minnesota;  Eev.  F.  H.  Wines,  Illinois;  Walter  Lindley,  M.  D., 
California. 

These  gentlemen  were  accordingly  commissioned  by  the  Department 
of  State,  but  owing  to  various  circumstances  only  four  of  them  were 
able  to  go  to  Paris,  namely,  Gen.  E.  Brinkerhoff,  president  of  the 

13 


14  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

National  Prison  Association;  Charlton  T.  Lewis,  president  of  the  Prison 
Association  of  New  York;  Maj.  R.  W.  McClaughry,  superintendent  of 
tlie  Illinois  State  Reformatory  at  Pontiac,  111.;  Rev.  S.  J.  Barrows,  of 
the  Massachusetts  Prison  Association. 

The  official  delegates  of  the  United  States  were,  however,  reenforced 
at  Paris  by  a  number  of  other  delegates  appointed  by  the  governors  of 
several  of  the  States.  These  were:  C.  D.  Randall,  of  Michigan,  repre- 
senting the  United  States  Bureau  of  Education;  Rev.  W.  M.  Pettis,  of 
Tennessee;  Mr.  John  F.  Norrish,  of  Minnesota;  Mrs.  Deborah  C.  Leeds, 
of  Pennsylvania;  Mr.  Lawrence  Poland,  of  Ohio;  Mrs.  Phebe  C. 
Wright,  of  New  Jersey;  Mr.W.  M.  F.  Round,of  New  York;  Mr.  Philip 
W.  Ayres,  of  Ohio;  Mrs.  Amy  Willets,  of  New  York ;  Mr.  H.  C.  Ranney, 
of  Ohio,  and  Mr.  Michel  Heymanu,  of  Louisiana. 

At  a  meeting  held  at  the  Hotel  Binda  June  30  it  was  decided  that 
the  gentlemen  thus  named,  with  the  official  delegates  of  the  United 
States,  should  organize  as  the  American  delegation.  Gen.  R.  Brinker- 
hoft'  was  chosen  president  and  Rev.  Samuel  J.  Barrows  secretary. 
During  the  sessions  of  the  Congress  meetings  of  the  delegation  were 
held  from  time  to  time  for  purposes  of  business  and  also  for  social 
reunion. 

As  some  of  the  delegates  thus  named  will  probably  make  individual 
reports  to  the  authorities  appointing  them,  the  report  herewith  sub- 
mitted is  limited  to  the  four  delegates  representing  officially  the  United 
States.  By  a  vote  of  this  delegation  Rev.  S.  J.  Barrows,  the  secretary, 
was  authorized  and  requested  to  prepare  this  report. 

PRELIMINARY   WORK   OF   THE   INTERNATIONAL   COMMISSION. 

An  important  feature  of  these  congresses  is  the  large  amount  of  pre- 
liminary work  that  is  done  in  preparation  for  the  quinquennial  gath- 
ering. The  permanent  International  Commission,  consisting  of  eight 
of  the  most  prominent  peuologists  of  Europe,  with  Dr.  Guillauine,  of 
Switzerland,  as  its  efficient  secretary,  is  the  organic  bridge  which  unites 
one  congress  with  the  next  and  give  continuity,  unity,  and  develop- 
ment to  the  work. 

This  Commission  prepares  a  programme  more  than  a  year  in  advance. 
Specialists  in  all  parts  of  the  world  are  invited  to  write  papers  on 
questions  chosen  for  discussion.  The  reports  for  the  present  Congress 
represented  the  opinions  and  experience  of  240  writers,  and  amounted 
to  2,500  pages  in  print.  They  were  all  printed  in  French  three  months 
before  the  opening  of  the  Congress  and  were  sent  in  advance  to  the 
official  delegates.  Thus  every  delegate  knew  beforehand  not  only  the 
subjects  011  the  programme  but  the  line  of  argument  which  would  be 
advanced,  and  the  evidence  for  and  against  certain  conclusions.  Instead 
of  being  overloaded  by  a  great  mass  of  papers,  the  decks  were  kept 
clear  for  discussion.  This  gave  warmth  and  vivacity  to  debate.  In 
addition  to  these  reports  the  Commission  secured  monographs  from 
many  different  countries  giving  facts  and  statistics  in  regard  to  their 


FIFTH    INTERNATIONAL    PRISON   CONGRESS.  15 

prison  systems.  The  questions  carefully  prepared  by  the  Commission 
on  which  these  monographs  were  framed  were  uniform  throughout,  so 
that  the  penological  student  has  an  opportunity  for  comparative  study 
not  easily  secured  elsewhere.  This  large  amount  of  preliminary  mate- 
rial will  undoubtedly  prove  to  be  as  valuable  as  the  proceedings  of  the 
Congress  itself. 

OPENING  OF  THE   CONGRESS. 

The  Congress  was  formally  opened  June  30,  at  4  p.  in.,  in  the  great 
amphitheater  of  the  Sorbonne.  The  occasion  was  honored  by  the  pres- 
ence on  the  platform  of  the  President  of  the  Itepublic,  Mr.  Felix  Faure, 
accompanied  by  his  ministers,  the  chiefs  of  the  supreme  court  and  of 
the  court  of  appeals,  the  members  of  the  penitentiary  commission,  the 
members  of  the  French  commission  of  organization,  and  other  gentle- 
men of  distinguished  position.  In  the  hemicycle  were  grouped  the 
members  of  the  Congress  and  a  large  number  of  senators,  deputies,  and 
directors  of  various  departments  of  public  administration.  The  band 
of  the  Guarde  Republicaine  played  La  Marseillaise.  The  members  of 
the  Congress  rose  and  the  President  was  received  with  great  applause. 
M.  George  Leygues,  minister  of  the  interior,  after  greeting  the  Presi- 
dent of  the  Kepublic  and  expressing  thanks  for  the  encouragement  of 
his  presence,  extended  the  welcome  to  the  delegates. 

ADDRESS  OF  WELCOME   BY  M.   LEYGUES,   MINISTER  OF   THE   INTERIOR. 

In  the  name  of  the  Government  of  the  Republic,  I  extend  a  welcome  to  the  foreign 
delegates  who  have  come  here  to  affirm  the  unchangeable  union  of  those  who  have 
devoted  their  lives  to  the  pursuit  of  truth  and  the  alleviation  of  human  misery. 
Science,  gentlemen,  takes  on  more  and  more  an  international  character.  The  per- 
petual intercourse  which  goes  on  through  the  press  does  not  suffice.  Scientists  them- 
selves must  come  together  to  divulge  their  discoveries  and  to  blend  into  a  universal 
patrimony  the  fruits  of  their  meditation  and  their  work.  London,  Stockholm,  Rome, 
St.  Petersburg  mark  the  stations  of  progress  which  penitentiary  science  has  traversed 
until  to-day.  The  work  in  which  you  are  engaged,  gentlemen,  is  one  of  the  most 
arduous  and  noble  which  can  be  conceived.  To  strengthen  repressive  action  and  at 
the  same  time  introduce  more  humanity  in  the  laws;  to  ask  for  indulgence  rather 
than  vigor,  without  abandoning  any  of  the  indispensable  guaranties  of  social  order; 
to  revive  in  the  soul  of  the  delinquent  and  the  criminal  the  notion  of  duty,  of  right, 
and  of  justice,  such  is  the  end  you  propose  to  yourselves. 

It  seemed  at  first  that  your  ideal  was  placed  too  high.  You  were  reproached  with 
attempting  the  impossible;  your  generous  conceptions  were  greeted  as  chimeras; 
you  wore  accused  of  seutimentalism  and  feebleness.  Nothing  could  shake  your 
faith.  You  knew  better  than  anyone  that  there  are  some  of  the  sick  who  do  not  wish 
to  be  cured — iucorrigibles  who  need  to  be  put  where  they  can  not  harm.  But  you 
said  that  all  the  sick  are  not  incurable,  and  that  there  are  means  of  salvation  which 
should  at  least  be  applied.  Perversity,  in  your  eyes,  is  only  the  exception.  You 
have  affirmed  that  human  nature  is  at  bottom  right,  loyal,  and  generous.  You  have 
never  despaired  of  that,  and  you  are  right.  In  the  darkest  and  most  ravaged  heart 
there  may  survive,  as  in  the  ruins  of  a  temple,  a  last  lamp,  forgotten  by  the  last 
priest,  which  burns  still  for  truth  and  goodness.  The  question  is  not  of  substituting 
for  penal  laws  a  sort  of  philosophical  indifference  which  will  compromise  public 
security.  It  is  the  question  of  stimulating  moral  forces  and  developing  generous 
instincts,  which  are  able  to  prevent  the  offense  or  the  crime,  and,  after  the  downfall, 


16  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

of  raising  and  rehabilitating  the  guilty.  No  one  maintains  the  irresponsibility  of 
the  being  who  has  done  wrong.  That  would  be  to  affirm  the  inutility  of  chastise- 
ment or  of  recompense.  It  is  true  that  physical  constitution,  education,  heredity, 
and  misery  exercise  a  direct  influence  on  criminality.  Legislators  have  taken 
account  of  these  inevitable  reactions  in  the  preparation  of  laws  and  the  gradation 
of  penalties.  Upon  this  point  the  tradition  has  not  changed,  but  you  made  an  inno- 
vation when,  breaking  with  ancient  errors,  you  said  that  intimidation  and  fear  are 
not  the  only  means  of  assuring  the  amendment  of  the  culpable,  but  that  education 
and  hope  are  also  sure  means  of  obtaining  it. 

That  simple  affirmation  was  a  revolution.  You  had  spoken  of  goodness;  you  had 
pressed  a  flower  in  the  austere  pages  of  the  code.  Your  doctrine  is  just;  chastise- 
ment without  possibility  of  pardon  and  forgetfulness  discourages  and  degrades;  the 
hope  of  rehabilitation  provokes  to  eifort  and  restores.  You  have  put  principle  into 
practice,  but  your  ambition  has  not  been  satisfied.  To  repress  or  to  amend  is  well, 
to  prevent  is  better,  and  you  have  wished  to  drain  even  the  source  of  evil.  The 
prison  congresses  have  accomplished  here  the  most  beautiful  part  of  their  work  in 
revising  the  legislation  relative  to  abandoned  or  wayward  children.  To  rescue  chil- 
dren from  bad  treatment,  bad  examples  and  surroundings  is  to  fulfill  the  first  of  civic 
duties.  Has  society  the  right  to  punish  a  feeble  being  and  not  to  rescue  and  protect 
it?  To  extend  to  the  wayward  child  a  friendly  hand,  to  console  it  in  its  distress,  to 
forge';  and  make  it  forget  its  fault  is  to  make  a  good  citizen  of  one  who  might  become 
a  useless  and  dangerous  being;  that  is  to  serve  one's  country  and  perhaps,  better 
still,  to  serve  humanity.  It  is  to  your  indefatigable  propaganda,  gentlemen,  that 
is  due  the  reformation  of  houses  of  correction  and  the  development  of  those  admira- 
ble works  of  patronage  which  in  the  last  twenty  years  have  appeared  upon  all  parts 
of  the  globe.  That  result  is  sufficient  alone  to  demonstrate  the  social  and  philo- 
sophical range  of  your  work  and  your  right  to  public  gratitude.  Wherever  you 
establish  your  sessions  you  receive  the  highest  and  most  precious  proofs  of  sympathy. 
Public  opinion  encourages  you  and  governments  deem  it  an  honor  to  collaborate 
with  you.  In  combatting  moral  maladies,  in  arresting  their  advance,  in  extinguish- 
ing their  fires  you  accomplish  work  which  goes  beyond  the  limits  of  your  action. 
You  help  thus  to  assure  the  peaceful  evolution  of  progress;  for  society  like  organ- 
ized bodies  needs  to  prosper  and  to  grow  in  health  as  well  as  in  liberty. 

Gentlemen,  may  the  bonds  of  mutual  esteem  and  of  reciprocal  confidence  which 
unite  you  already  draw  you  together  more  closely  for  the  welfare  of  your  countries. 
May  the  new  efforts  you  undertake  become  a  success  for  peace  of  conscience  and  the 
triumph  of  truth  and  justice. 

I  declare  the  Fifth  International  Penitentiary  Congress  open. 

These  noble  sentiments  of  M.  Leygues,  minister  of  the  interior,  who 
has  closely  identified  himself  with  the  work  of  prison  reform,  were 
greeted  with  loud  applause.  Upon  nothing  was  the  Congress  more 
unanimous  than  upon  the  principles  which  should  govern  its  action. 
Prison  reformers  have  yet  a  great  deal  to  do  in  educating  the  public 
to  accept  these  fundamental  principles  in  which  the  perfection  of 
society  and  the  reformation  of  the  prisoner  go  hand  in  hand.  But  in 
the  Congress  these  principles  were  never  doubted  or  debated.  They 
were  the  base  line  by  which  everything  else  was  measured,  and  the 
work  of  the  body  was  to  apply  these  simple  principles  to  very  complex 
problems. 

RESPONSE   OF   M.  POLS. 

M.  Pols,  of  Holland,  vice-president  of  the  International  Penitentiary 
Commission,  responded  eloquently  for  the  delegates,  returning  thanks 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  17 

for  the  generous  reception  which  France  had  given  to  the  Congress, 
the  preparations  it  had  made  for  it,  and  the  resources  placed  at  its 
disposal.  Calling  attention  to  the  moral  and  humane  significance  of 
the  brilliant  gathering  of  distinguished  men  in  that  temple  of  science, 
and  the  greeting  of  the  minister  of  the  interior,  M.  Pols  found  in  the 
scene  and  the  address  an  expression  not  only  of  individual  opinion,  but 
of  the  moral  support  of  the  French  people.  Referring  then  to  the 
object  of  the  Congress,  he  said: 

Who  doubts  now  the  value  of  this  work?  It  is  not  simply  an  affair  of  justice  or  of 
administration  confided  to  the  intelligent  and  active  care  of  those  in  authority;  it  is 
above  all  a  social  iuterest  of  the  first  rank  which  demands  the  combined  action  of  all 
social  forces,  and  of  private  action  joined  with  that  of  authority,  each  mutually 
sustaining  the  other.  We  are,  happily,  very  far  from  the  time  when  it  was  thought 
that  justice  was  honored  in  being  represented  349  cold  and  impassible,  the  sword  and 
the  scales  in  her  hand,  but  her  eyes  bandaged.  That  symbol  of  the  partiality  and 
integrity  of  ideal  justice  was  often  badly  supported  by  the  facts.  The  bandage 
symbolized  better,  perhaps,  another  quality  of  justice  as  formerly  conceived,  that  of 
not  seeing  clearly  in  weighing  the  crime,  but  of  striking  blindly  and  without  dis- 
cernment the  criminal  penitentiary  science,  whose  triumphant  advance  marks  the 
great  progress  of  humanity,  has  dethroned  cold,  blind,  and  impassible  justice. 

Recognizing  the  futility  of  combatting  crime  by  simply  attacking  the  criminal, 
of  cutting  down  the  weeds  without  going  to  the  roots,  it  has  completely  changed  its 
tactics  of  repression.  Seeking  to  determine  the  causes  and  the  movements  of  crime, 
it  has  been  quick  to  see  that  the  responsibility  is  not  to  be  attributed  alone  to  the 
material  author  of  the  crime.  It  has  recognized  the  complicity  of  human  nature  and 
of  society,  the  necessity  of  a  complete  revolution  in  the  weapons  of  combat  and  in 
the  means  of  attack  and  defense.  In  maintaining  a  horror  of  crime,  it  has  modified 
considerably  the  sentiment  concerning  the  prisoner.  If  it  has  not  discovered  those 
noble  truths,  repeated  for  centuries  as  beautiful  sentences  which  one  might  admire 
while  dispensing  with  their  application,  namely,  that  prevention  is  better  than 
punishment,  and  that  justice  does  not  exclude  charity — that  even  there  is  no 
justice  without  charity,  as  there  is  no  charity  without  justice — it  has  made  them 
living  and  vivifying  principles  of  reform,  and  has  infused  them  into  legislation  and 
administration. 

But  this  movement  so  powerful  and  truthful  is  not  due  to  official  initiative,  but  to 
the  awakening  of  the  public  couscience  by  private  action.  At  the  call  of  chosen  spirits 
the  human  conscience  has  awakened  from  its  sleep  where  it  observed  a  conventional 
routine,  and  has  overthrown  the  idol  of  a  blind  and  brutal  justice  to  substitute  a 
conception  more  noble  and  more  enlightened.  That  conception,  which  we  may  con- 
sider as  generally  adopted,  and  which  has  exercised  a  salutary  influence  upon  legis- 
lation and  practice,  is  nevertheless  far  from  having  attained  its  full  development. 
It  would  not  even  be  able  to  maintain  itself  if  the  generous  influences  which  have 
imparted  life  to  it  should  now  fail,  if  it  did  not  have  that  warm  vivification  which 
the  public  conscience  may  give  to  it.  For  one  can  not  deny  that  it  has  multiplied 
questions  and  singularly  complicated  the  problem  of  justice,  extended  more  and  more 
the  field  of  study  and  the  difficulties  to  be  solved.  This  Congress  furnishes  proofs 
of  that.  But  it  furnishes,  at  the  same  time,  the  proof  that  the  more  extensive  is  the 
task,  the  greater  is  the  number  and  devotion  of  the  workers.  Our  beginnings  were 
very  modest;  but  from  London  to  Stockholm,  Stockholm  to  Rome,  and  Rome  to 
St.  Petersburg  the  work  of  the  Congress  has  not  only  gradually  expanded,  but  has 
more  and  more  conciliated  the  favor  of  the  Governments  and  public  opinion.  If 
death  has  taken  a  number  of  our  illustrious  colleagues,  whose  loss  we  deeply  regret, 
others,  inspired  by  their  devotion,  have  taken  their  places  in  large  numbers.  At  the 
S.  Doc.  181 2 


18  FIFTH    INTERNATIONAL   PRISON   CONGRESS. 

same  time  the  horizon  of  penitentiary  science  has  been  enlarged,  and  the  congresses 
have  had  to  follow  these  lines  of  progress  which  in  part  are  due  to  them.  The  march 
from  St.  Petersburg  to  Paris  marked  a  new  stage  of  progress.  The  Paris  Congress 
will  distinguish  itself,  we  hope,  by  a  special  solicitude  for  unfortunate  an d  wayward 
children.  Thanks  to  the  growing  recognition  of  the  importance  of  this  work,  which 
so  appeals  to  our  sympathies,  and  thanks  to  the  experience  acquired  at  the  Congress 
of  St.  Petersburg,  the  International  Commission,  accepting  a  proposition  of  the  dele- 
gate of  the  Russian  Government,  has  recognized  the  necessity  of  reserving  a  special 
section  for  all  questions  concerning  children.  It  will  be  a  mark  of  honor  to  the 
Fifth  Congress  that  it  has  devoted  so  large  a  part  of  its  attention  to  that  section  of 
humanity  which,  still  more  than  any  others,  demands  the  severe  application  of  the 
principle  that  there  is  no  justice  without  charity. 

Fortunately,  if  the  Congress  has  a  task  more  extended  and  more  complicated,  it  is 
able  to  enjoy  the  moral  support  not  only  of  the  Government  of  France,  which  has 
already  been  assured  to  us,  but  also  of  the  nation  itself  which  has  taken  such  a  great 
part  in  the  reawakening  of  the  public  conscience  and  in  the  generous  and  powerful 
movement  that  has  created  prison  science  and  made  it  the  common  work  of  all  those 
who  interest  themselves  in  the  welfare  of  humanity. 

Belonging  ourselves  to  that  section  of  humanity  which  insensibly  has  been  led  to 
accord,  it  may  be,  too  large  a  place  to  justice,  we  welcome  above  all  the  adhesion 
more  and  more  marked  and  the  cooperation  more  and  more  warm  of  that  other  sec- 
tion of  humanity  which  is  interested  above  all  in  the  triumph  of  charity.  If  peni- 
tentiary science  inclines  more  and  more  to  accord  to  woman  a  distinct  place  as  it  has 
already  accorded  it  to  childhood,  it  needs  above  all  the  moral  support  and  the  co- 
operation of  woman  in  the  study  of  the  multiplied  questions  relating  to  wayward  and 
unfortunate  women.  The  solutions  of  questions  concerning  children  and  these  other 
unfortunates  will  not  advance  without  the  cooperation  of  woman.  The  presence  of 
so  many  distinguished  women  in  our  ranks  and  the  presence  of  so  many  others  in 
this  gathering  are  happy  and  auspicious  indications  that  the  Congress  of  Paris  will 
take  a  new  step  in  its  onward  march. 

To  secure  this  new  success  it  will  only  have  to  maintain  the  spirit  which  has 
inspired  its  predecessors.  Recognizing  that  our  debates  and  resolutions  are  power- 
less to  solve  these  questions  except  by  the  confidence  which  they  inspire  and  the 
momentum  they  give  to  public  opinion,  it  is  our  duty  to  merit  the  moral  support 
which  we  receive  on  all  sides.  Our  success  is  further  assured  by  the  good  prepara- 
tion that  has  been  made  for  our  work. 

Mr.  Minister,  the  words  of  high  esteem  which  you  have  addressed  to  the  Interna- 
tional Commission  we  accept  from  our  hearts  as  a  precious  testimony  of  your  good 
will.  Faithful  to  the  mission  which  the  Commission  has  received  from  the  Govern 
ments  which  have  united  in  forming  it,  it  has  indicated  the  direction  of  our  work. 
But  for  the  preparation  of  our  labors  the  praise  is  due  in  great  part  to  our  worthy 
president,  M.  Duflos,  to  the  employees  of  his  administration  who  have  assisted  him, 
to  the  distinguished  men  who  have  responded  to  this  appeal  to  form  a  committee 
of  organization,  to  La  Soci6t6  Ge"ne"rale  des  Prisons,  and  to  all  those,  whether  in 
this  or  other  countries,  who  by  their  scientific  reports  have  prepared  the  ground  of 
discussion.  I  will  not  enlarge  upon  their  merit.  The  presence  of  these  coworkers 
here  compels  discretion.  But  I  can  not  finish  without  offering  to  all,  and  in  the  first 
place  to  our  honorable  president,  the  sincere  and  cordial  tribute  of  our  lively  grati- 
tude for  the  distinguished  service  they  have  rendered  to  the  Congress  and  for  their 
zeal  and  devotion  in  assuring  its  success. 

lam  conscious  of  all  that  is  lacking  in  the  expression  of  my  thought  and  in  my 
attempt  to  convey  the  sentiment  of  my  colleagues,  but  I  am  consoled  by  the  hope 
that  the  Congress  itself  by  its  labors  will  ofler  a  testimony  which  will  have  more 
value  than  would  the  word  of  the  greatest  orator. 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  19 

The  foreign  delegates  then  assembled  in  the  grand  salon  of  the 
Sorbonne,  where  they  were  presented  to  the  President  of  the  Kepublic, 
who  was  surrounded  by  his  ministers,  the  president  of  the  Chamber  of 
Deputies,  ministers  of  foreign  countries,  and  by  his  military  escort. 

ORGANIZATION  OF   THE   CONGRESS. 

On  Monday  morning,  July  1,  at  9  o'clock  the  members  of  the  Con- 
gress reassembled  in  the  grand  amphitheater  of  the  Sorbonne  to  com- 
plete the  organization.  M.  Pols  opened  the  session  and,  conforming  to 
a  wish  formulated  by  the  International  Commission  that  the  member  of 
the  Commission  representing  the  country  in  which  the  Congress  meets 
should  be  chosen  president,  he  nominated  M.  F.  Duflos  as  president  of 
the  Fifth  International  Prison  Congress. 

OPENING  ADDRESS   OF   THE   PRESIDENT,  M.    DUFLOS. 

LADIES  AND  GENTLEMEN:  It  is  not  my  intention  to  delay  by  a  long  discourse  the 
commencement  of  your  labors,  especially  as  you  have  heard  here  developed  in  ad- 
mirable language  by  voices  of  the  highest  authority  the  generous  principles  which 
will  inspire  you  in  your  discussions  and  the  controlling  thought  which  has  given 
birth  to  the  magnificent  work  of  the  International  Prison  Congresses.  I  can  not 
fail,  however,  in  that  duty  of  gratitude  which  is  imposed  upon  me.  I  thank  you  for 
the  great  honor  which  you  have  conferred  upon  me.  I  would  not  dare  to  accept  it  if 
I  had  not  been  sustained  by  the  powerful  cooperation  of  my  eminent  colleagues,  Com- 
mandcur  Beltrani-Scalia,  His  Excellency  M.  Galkine-Wraskoy,  and  Professeur  Pols. 
Their  scientific  experience  and  the  brilliant  r61e  which  they  have  played  in  pre- 
ceding gatherings  assures  a  valuable  authority  to  the  presidency  of  which  they  form 
a  part.  The  cordial  sympathy  with  which  they  have  honored  me  up  to  the  present 
time  permits  me  to  hope  that  I  may  be  able  to  fulfill  the  high  and  difficult  task  you 
have  confided  to  me. 

And  now,  since  you  have  given  me  the  right,  in  the  name  of  all  let  me  renew  to  our 
foreign  colleagues  the  welcome  to  Paris  and  to  France.  So  imposing  is  the  character 
of  this  gathering,  in  which  the  illustrious  men  of  two  worlds  are  mingled,  that  I 
shall  be  pardoned  if  I  give  expression  to  the  great  joy  of  my  heart  that  I  am  able  to 
affirm  the  universal  interest  which  our  studies  have  attained  and  the  eagerness 
with  which  our  appeal  has  been  answered. 

It  is  enough  to  be  in  the  presence  of  this  assembly  to  be  able  to  affirm  that  the 
labors  of  this  Fifth  International  Prison  Congress  will  be  fruitful,  that  after  some 
days  of  scientific  discussion,  your  resolutions  prepared  by  profound  studies  and  the 
meditation  of  lofty  minds  will  furnish  to  criminology  and  to  penitentiary  science 
new  lights  and  numerous  elements  of  progress.  From  the  composition  of  your  pro- 
gramme and  the  remarkable  preparatory  reports  which  serve  as  the  basis  of  your  dis- 
cussions, we  may  discern  the  growing  attention  which  is  given  to  the  moral  side  of 
the  work  and  to  the  necessity  of  the  prevention  of  crime.  Science  is  resolutely 
attacking  the  source  of  evil,  deciding  firmly  to  repress  rigorously  when  that  is 
necessary,  but  considering  repression  simply  as  a  makeshift.  It  is  an  extreme 
measure  that  society  should  avoid  in  the  greatest  possible  degree  by  working  for  the 
amendment  of  the  bad  and  offering  to  them  means  of  restoration ;  above  all  by 
employing  all  its  energies  to  save  from  crime  through  preventive  education  the 
unfortunate  children  which  misery  or  bad  examples  seem  to  consign  to  an  irregular 
and  depraved  existence. 

Therefore,  questions  concerning  vagrancy,  drunkenness,  and  prostitution  take  the 
place  of  highest  importance  in  our  programmes.  The  former  third  section  of  the 


20  FIFTH    INTERNATIONAL   PRISON   CONGRESS. 

Congress  Las  been  divided  into  two,  and  all  which  relates  to  childhood  is  made 
to-day  the  subject  of  a  special  section. 

There  is  nothing  more  beautiful,  gentlemen,  nothing  grander  than  the  spectacle 
presented  by  this  gathering.  Is  it  not  singularly  moving  to  see  those  who  belong 
to  the  highest  intellectual  and  social  ranks,  crossing  a  part  of  the  globe  and  travers- 
ing oceans  to  study  together  the  means  of  diminishing  upon  this  earth  the  sum 
of  evil,  crime,  and  misery  which  skeptics  assume  can  not  be  reduced,  in  order  to 
spare  themselves  the  anxiety  of  the  conflict  and  the  labor  of  research. 

You  not  only  apply  yourselves  to  scientific  problems  capable  of  furnishing  the 
mind  with  delicate  satisfactions ;  you  do  not  hesitate  when  you  truly  believe  it  will 
serve  the  cause  of  humanity  to  overcome  natural  repugnance  and  lawful  indignation. 
You  are  inaccessible  to  fatigue,  but  the  hatred  of  crime  does  not  drive  you  to  anger; 
for  you  know  that  nothing  good,  nothing  efficacious,  nothing  durable  can  be  effected 
if  the  heart  does  not  come  to  the  aid  of  the  mind.  You  combat  the  crime,  but  when 
the  criminal  has  been  placed  momentarily  beyond  a  state  of  harm  you  tbink  it  neces- 
sary to  defend  him  against  himself,  to  seek  to  enfranchise  him  from  his  instincts,  to 
lead  him  into  light  and  truth  and  honor.  You  feel  it  necessary  to  extend  to  way- 
ward childhood  a  protecting  hand;  if  it  is  necessary  often  to  be  severe  it  is  rarely 
necessary  to  be  unrelenting.  In  a  word,  charity  animates  you  as  much  as  the  anxiety 
for  social  defense.  It  sustains  your  hearts  while  science  guides  your  minds.  Honor, 
then,  to  charity  and  science;  that  is  the  sentiment  under  which  I  propose  to  you  that 
the  Fifth  International  Congress  shall  work — honor  to  charity  and  to  science.  They 
are  indissolubly  joined  here.  It  is  through  them  that  the  work  of  progress  and  peace 
will  be  realized;  it  is  in  their  spirit  that  we  gather  here  fraternally  to-day. 

The  address  of  M.  Duflos  was  frequently  interrupted  with  applause. 
Like  those  preceding,  it  admirably  expressed  the  spirit  of  the  Congress. 

The  following  list  of  officers  was  then  unanimously  elected : 

Presidents :  Messrs.  Duflos,  director- general  of  the  prison  adminis- 
tration of  France;  Beltrani-Scalia,  counselor  of  state,  Borne;  Gaikine- 
Wraskoy,  chief  of  the  administration  of  prisons,  Russia;  Pols,  professor- 
of  the  University  of  Utrecht. 

Vice-presidents:  Messrs.  Braunbehrens,  subsecretary  of  state,  Prus- 
sia; Holzknecht  de  Hort,  ministerial  counselor,  Austria;  Laszlo,  min- 
isterial counselor,  Hungary;  Lejeune,  minister  of  state,  Belgium; 
Marino,  member  of  the  superior  council  of  prisons,  Spain;  Pessina, 
senator,  Italy ;  Eandall,  United  States;  Euggles-Brise,  director-general 
of  prisons,  England;  Wieselgren,  director-general  of  prisons,  Sweden; 
Woxen,  director- general  of  prisons,  Norway. 

General  secretary :  Dr.  Guillaume,  chief  of  the  bureau  of  statistics, 
Switzerland. 

Assistant  general  secretaries:  Messrs.  Likatchew,  inspector-general 
of  prisons,  Eussia;  Eobin,  chief  of  bureau  in  the  interior  department, 
France. 

Secretaries :  Messrs.  Prilejaew,  chief  of  bureau  of  administration  of 
prisons,  Eussia;  Mouravieff-Apostol,  secretary  of  the  imperial  legation 
of  Eussia  at  Madrid;  Degournay,  auditor  of  the  state  council,  France. 

COMPOSITION  OF  THE   CONGRESS. 

The  Congress  was  not  a  mass  meeting  of  individuals.  It  was  made 
up  of  200  official  delegates  sent  by  25  different  countries,  with  the 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  21 

addition  of  adherents  nominated  or  introduced  by  the  delegates.  It 
therefore  represented  not  any  local  interest  or  sectional  spirit,  but 
what  truly  might  be  said  to  be  the  attitude  of  modern  civilization 
toward  the  problems  which  engage  it.  In  addition  to  the  foreign  dele- 
gates, the  number  of  French  adherents  officially  enrolled  and  person- 
ally and  formally  identified  with  the  Congress,  though  not  all  present 
at  its  sessions,  numbered  537,  and  included  many  of  the  most  distin- 
guished names  in  France.  This  body  was  made  up  of  jurists,  legis- 
lators, doctors,  sociologists,  magistrates,  the  heads  of  prison  admin- 
istration, and  writers  and  experts  on  related  branches  of  applied 
philanthropy. 

SCOPE   AND   METHOD. 

The  range  of  inquiry,  discussion,  and  interest  has  gradually  grown 
broader.  Every  subject  in  any  way  related  to  criminology,  whether 
preventive,  corrective,  or  administrative,  now  comes  within  the  field. 
As  noticed  in  the  previous  addresses,  one  of  the  things  which  dis- 
tinguished the  Paris  Congress  from  its  predecessors  was  the  great 
emphasis  laid  upon  preventive  work  and  the  establishment  of  a  special 
department  for  the  discussion  of  all  questions  relating  to  children  and 
minors. 

The  spectacle  of  such  a  gathering  of  men  and  women  from  all  parts 
of  Europe  and  even  from  Japan  to  study  the  whole  network  of  problems 
which  enter  into  the  subject  of  crime  and  its  treatment  was  hopeful 
and  inspiring.  Philologically  the  Congress  was  something  of  a  Babel, 
but  morally  it  was  a  Pentecost.  Whatever  the  divergence  of  ideas  and 
methods,  the  whole  Congress  was  animated  by  one  spirit.  It  was  a 
spirit  of  justice  and  humanity  in  search  of  knowledge  and  experience, 
and  that  is  the  synonym  of  scientific  philanthropy.  Withal,  it  was 
animated  by  a  certain  hope  and  faith  that  banished  the  specters  of 
pessimism  which  always  haunt  the  background  and  sometimes  come 
into  the  foreground  of  this  theme. 

The  Congress  was  divided  into  four  sections.  The  first  related  to 
penal  legislation,  the  second  to  prison  administration,  the  third  to  pre- 
ventive means,  and  the  fourth  to  children  and  minors.  Separate  sections 
of  each  session  were  held  in  the  College  of  France  in  the  morning.  The 
questions  laid  down  on  the  programme  for  each  section  were  discussed 
and  conclusions  formulated.  In  the  afternoon  a  general  session  of  the 
whole  Congress  was  held  in  the  amphitheater  of  the  Sorbonne,  where 
each  section,  through  reporters  appointed  by  it,  gave  an  account  of  the 
spirit  of  the  discussions  and  the  conclusions  reached,  which  were  then 
voted  upon  by  the  whole  body  of  delegates. 

An  outline  of  the  work  of  each  section,  the  questions  discussed,  and 
the  conclusions  reached  will  now  be  given. 


22  FIFTH    INTERNATIONAL    PRISON   CONGRESS. 

FIRST   SECTION. 

PENAL    LEGISLATION. 

President:  Senator  Edouard  de  Fouks,  president  of  the  juridical 
society  of  St.  Petersburg. 

Vice-presidents:  Messrs.  Foehring,  Hamburg;  Bensis,  attorney- 
general,  Greece;  Foiuitski,  advocate- general,  Russia;  Senator  Pieran- 
toni,  Italy;  Prof.  Carl  Stoos,  Switzerland;  Counsellor  Starke,  Prussia; 
Professor  von  Hamel,  Holland ;  Professor  Zucker,  Austria. 

Secretaries :  Messrs.  Kobiquet,  advocate  to  the  council  of  state  and 
the  court  of  cassation;  Gar§on,  professor  of  the  faculty  of  law  of  Lille; 
Le  Poittevin,  professor  of  the  faculty  of  law,  Paris ;  Chapsal,  auditor 
to  the  council  of  state. 

Associate  Secretary :  M.  Camille  Fabre. 

THE  RELAPSED   CRIMINAL. 

First  Question : 

Should  a  malefactor  be  regarded  as  a  recidivist  until  he  has 
renewed  the  same  infraction  ? 

Should  the  augmentation  of  the  penalty  be  progressive  at  each  new 
relapse  on  his  part  f 

The  great  plague  of  penologists  as  well  as  of  society  is  the  recidivist, 
the  relapsed  criminal,  the  "repeater"  or  "rounder,"  as  he  is  more  famil- 
iarly called  in  this  country.  He  is  the  man  or  woman  who  has  gone 
to  prison  half  a  dozen  times,  or  it  may  be  fifty  or  a  hundred.  One  of 
the  longest  and  most  animated  discussions  was  on  the  question  of 
classifying  the  recidivist  and  the  application  of  penalties. 

The  first  of  these  questions  as  formulated  above  was  theoretical,  a 
question  of  classification,  though  not  without  practical  import.  The 
second  question  was  more  practical,  having  for  its  main  object  not  the 
definition  of  recidivism,  but  the  means  of  repression. 

In  some  countries  a  criminal  who  has  been  sent  to  prison  two  or  three 
times  is  regarded  as  a  recidivist,  without  reference  to  the  nature  of  his 
otteuse.  Under  the  German  system  he  is  regarded  as  a  recidivist  only 
when  he  repeats  the  same  ofiense.  There  are  recidivists  who  are  acci- 
dental and  occasional;  there  are  those  who  are  professional  and  anti- 
social. It  is  the  last,  whether  he  be  a  general  recidivist,  committing  a 
variety  of  crimes,  or  a  special  recidivist,  confining  his  infractions  to  a 
single  line,  who  is  the  most  dangerous.  It  was  only  by  the  appointment 
of  a  special  committee  to  sift  and  amalgamate  points  in  the  discussion 
that  unanimity  was  finally  secured.  The  real  problem  is  to  distinguish 
between  the  accidental  or  occasional  and  the  habitual  or  professional 
criminal.  The  report  favored  a  progressive  accumulation  of  penalties 
and  the  infliction  of  more  rigorous  sentences  in  the  case  of  professional 
criminals. 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  23 

Kesolutions : 

1.  The  relapse  may  be,  according  to  the  gravity  of  the  case,  general, 
special,  or  subordinate  to  conditions  of  time. 

2.  Repression  ought  to  combine  in  view  : 

(a)  A  progressive  augmentation  of  sentences  except  in  cases  formu- 
lated below. 

(b)  The  infliction  of  a  more  rigorous  penalty  upon  professional 
criminals. 

3.  Tribunals  should  not  be  restrained  by  the  first  of  these  rules  (a) 
from  recognizing  the  existence  of  exceptionally  extenuating  circum- 
stances in  a  decision  the  grounds  of  which  are  distinctly  expressed. 

The  law  ought  to  establish  a  special  minimum  to  avoid  the  abuse  of 
short  sentences. 

4.  In  the  second  case  (b)  the  law  should  fix  the  number  of  the  con- 
demnations upon  the  basis  of  which  the  courts  may  decide,  according 
to  the  nature  of  the  condemnations  incurred  and  the  degree  of  per- 
versity of  the  agent,  ichether  or  not  the  accused  is  to  be  regarded  as  a 
professional  criminal. 

TRANSPORTATION. 

Second  Question: 

Should  transportation,  taken  in  its  broadest  sense,  be  admitted  in  a 
rational  system  of  repression;  and  if  so,  what  particular  role  should 
it  be  called  upon  to  fill  f 

The  subject  of  transportation  is  not  now  a  practical  question  in  the 
United  States  nor  in  England,  and  the  tendencies  of  modern  penology 
to  abandon  this  system  are  seen  in  the  fact  that  the  only  two  countries 
that  now  hold  to  it  are  France  and  Eussia.  In  the  Congress  the  warm 
debate  on  this  subject  was  almost  entirely  confined  to  representatives 
of  these  two  countries. 

Previous  congresses  have  dealt  with  these  questions  with  caution. 
The  Congress  in  Stockholm  in  1878  did  not  proscribe  transportation,  as 
some  of  the  members  desired,  but  passed  the  following  vote: 

The  sentence  of  transportation  presents  difficulties  which  do  not  permit  of  its 
adoption  in  all  countries  or  the  hope  that  it  will  realize  all  the  conditions  of  justice. 

The  Congress  of  1890  in  St.  Petersburg,  held  in  a  country  where 
transportation  has  been  maintained  for  three  centuries,  said: 

Against  hardened  and  rebellious  criminals  prolonged  imprisonment  or  transpor- 
tation to  territories,  or  dependent  possessions  of  the  country  interested,  may  be 
employed,  but  always  with  the  guaranties  which  ought  to  surround  authority  for 
those  who  are  deprived  of  their  liberty,  and  with  the  possibility  of  regaining  that 
liberty  by  their  good  conduct  according  to  a  system  of  conditional  liberation. 

In  1854  France,  after  a  long  and  painful  experience  with  defective 
penal  prisons,  revised  its  system,  and  found  new  hope  in  transporta- 
tion, which  was  established  in  Guiana  and  Jfew  Caledonia,  an  island  in 
the  Pacific  25  miles  broad  and  about  240  miles  long.  It  has  many 


24  FIFTH    INTERNATIONAL   PRISON    CONGRESS. 

conditions  which  adapt  it  for  a  penal  colony.  The  French  system  has 
been  in  operation  for  forty  years.  A  system  of  conditional  liberation  on 
the  island  without  the  privilege  of  leaving  it,  and  with  remuneration  for 
work  for  those  who  are  set  free,  encourages  good  behavior.  At  the 
expiration  of  the  sentence  the  liberated  form  a  class  by  themselves,  and 
have  many  of  the  advantages  of  free  immigrants.  Undoubtedly  the 
French  system  is  carried  on  under  conditions  which  are  more  humane 
and  hopeful  than  the  old  prison  system  which  it  in  some  degree  replaced. 
It  has  distinctly  in  view  the  reformation  of  the  prisoner.  It  recognizes 
the  need  of  a  wide  administration  and  superior  personality — the  need  of 
rewards  and  encouragements  as  well  as  strict  discipline.  Eelegation 
or  banishment  to  these  colonies  is  a  milder  imposition  of  the  penalty. 
Both  of  the  French  reporters  to  the  Congress,  Messrs.  Charles  Petit 
and  Charles  Babinet,  of  the  court  of  cassation,  Paris,  advocated  the 
French  transportation  system,  and  maintained  that,  while  under  the 
old  system  the  number  of  recidivists  was  95  per  cent,  there  are  only  5 
per  cent  under  transportation.  It  must  be  remembered,  however,  that 
this  is  a  comparison  between  transportation  and  the  bagnes,  or  French 
convict  prisons,  which  the  penal  colonies  replaced.  It  is  not  a  com- 
parison between  transportation  and  the  best  modern  system  of  prisons. 

The  Russian  reporter  to  the  conference  was  Prof.  N.  S.  Tagantzew,  of 
St.  Petersburg,  professor  in  the  faculty  of  law,  honorary  member  of  the 
university,  and  a  member  of  the  court  of  cassation.  He  is  one  of  the 
distinguished  jurists  of  Eussia.  He  did  not  disguise  the  defects  in 
the  administration  of  Russian  transportation.  He  maintained,  how- 
ever, that  transportation  combines  the  essential  conditions  of  intimi- 
dating the  prisoner,  securing  the  safeguard  of  society  and  the  correction 
of  the  criminal,  and  that  it  ought  not  to  be  excluded  from  penal  meas- 
ures. But,  since  the  practical  application  of  transportation,  as  history 
and  experience  can  attest,  presents  serious  difficulties,  it  is  only  to  be 
recommended  for  States  which  offer  convenient  conditions  and  in  a 
restricted  measure.  Transportation  should  be  maintained  only  in  coun- 
tries possessing  territory  for  its  application,  and  especially  where  they 
can  not  secure  the  repression  of  crime  by  seclusion  in  prison.  Trans- 
portation is  not  a  measure  to  be  extended  to  a  great  number  of  criminals 
without  regard  to  individual  qualities.  But  it  is  to  be  applied  in  ac- 
cordance with  their  physical  and  moral  aptitudes  for  colonization. 

When  the  question  came  up  in  the  first  section  of  the  Congress,  the 
system  of  transportation  was  warmly  and  ably  attacked  by  M.  Prins, 
inspector  general  of  Belgian  prisons.  He  maintained  that  emigration 
alone  can  establish  prosperous  colonies,  and  that  colonization  effected 
by  criminals  has  been  a  failure.  Transportation,  he  argued,  is  enor- 
mously expensive — seven  times  more  than  that  of  imprisonment. 

Conspicuous  among  the  Russian  opponents  of  the  system  was  Prof. 
Ivan  Foinitzki,  professor  of  law  of  the  faculty  of  St.  Petersburg.  He 
is  one  of  the  highest  authorities  on  penological  subjects  in  Russia,  or 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  25 

indeed  in  Europe.  One  volume  of  his  treatise  on  penology  is  devoted 
to  transportation,  and  has  just  been  translated  into  French  by  M. 
Georges  Bonet-Maury,  of  Paris. 

Professor  Foinitzki  examines  carefully  all  the  arguments  which  have 
been  presented  in  favor  of  transportation,  and  rejects  them  in  toto. 
He  declares  that  transportation  up  to  the  present  has  nothing  but 
negative  results  to  show. 

M.  Spassovicz,  another  Bussian  delegate,  showed  that  Bussia  had 
had  a  rapid  growth,  but  has  not  yet  attained  its  full  development.  It 
was  only  in  18G4  that  the  judicial  powers  had  been  separated  from 
the  administrative.  Bussia  is  now  in  the  midst  of  penitentiary  reform. 
Transportation  has  been  a  means  of  banishing  diiferent  rebellious  ele- 
ments. It  has  been  applied  for  political  offenses,  for  religious  offenses, 
and  even  to  those  of  a  municipal  nature.  It  is  certain  that  it  ought 
to  be  transformed  radically.  But  before  that  there  is  another  duty 
imposed,  which  is  that  of  improving  its  prisons. 

The  task  of  defending  transportation  fell  almost  entirely  upon  the 
French  representatives.  Its  most  ardent  advocate  was  Professor 
Leveille",  of  the  faculty  of  law  of  Paris,  who  maintained  that  transpor- 
tation has  two  virtues,  which  distinctly  belong  to  it,  that  it  admits  of 
work  in  the  open  air  and  does  not  exhaust  the  condemned,  and  that 
it  prepares  at  the  same  time  the  reestablishment  of  the  liberated. 
France  had  committed  some  mistakes  and  the  laws  had  needed  revi- 
sion. The  sentence  had  been  weakened  by  an  excess  of  indulgence,  but 
recent  regulations  have  strengthened  it,  and  have  stopped  the  illegal 
traffic  of  speculators  in  convict  labor. 

It  was  evident  that  only  negative  conclusions  or  a  compromise  could 
be  reached  with  such  a  division  of  opinion.  The  resolution  finally 
adopted  by  the  section  and  confirmed  by  the  Congress  was  as  follows: 

Besolution : 

Transportation  under  different  forms,  with  the  ameliorations 
already  realized  and  those  of  which  it  is  still  susceptible,  has  its 
utility,  whether  for  the  execution  of  long  sentences  for  great  crimes 
or  for  the  repression  of  habitual  criminals  and  obstinate  recidivists. 

INTERNATIONAL   COOPERATION    AGAINST   CRIME. 

Third  Question: 

Ought  a  certain  effect  to  be  given  in  a  country  to  penal  sentences 
pronounced  abroad  f 

This  question  has  been  discussed  at  various  conferences  on  interna- 
tional law  held  in  Europe,  and  also  at  the  Prison  Congress  at  Borne. 
No  country  now  executes  sentences  pronounced  by  a  foreign  country. 
The  Prison  Congress  at  Borne  said:  "The  exchange  of  criminals  to 
undergo  in  the  country  of  their  origin  sentences  depriving  them  of 
liberty  pronounced  by  a  foreign  judge  is  not  practicable,  and  would  not 


26  FIFTH    INTERNATIONAL   PRISON   CONGRESS. 

be  desirable."  Yet  several  States  may  be  simultaneously  interested  in 
the  punishment  of  the  same  offense,  one  because  the  criminal  action 
has  taken  place  upon  its  territory,  another  because  the  action  was  di- 
rected against  its  security,  or  because  of  the  nationality  of  the  offender 
or  the  victim.  The  relations,  interests,  difficulties,  complexities,  and 
possibilities  entering  into  this  question  were  well  set  forth  in  the  pre- 
liminary reports  by  M.  A.  Le  Poittevin,  associate  professor  of  the 
faculty  of  law,  Paris. 

It  is  manifest  that  the  want  of  symmetry  in  different  national  codes 
would  prevent  the  balance  of  justice  from  working  equably.  The  dif- 
ferent speakers  who  took  part  in  the  discussion  did  not  go  further  than 
to  show  how  modern  nations  are  interested  everywhere  to  secure  the 
operation  of  penal  justice.  To-day  malefactors  do  not  recognize  frontiers 
or  distances,  and  may  even  be  organized  in  international  bands.  States 
are  less  jealous  than  formerly  of  their  sovereign  laws.  The  different 
European  codes  now  repress  criminal  acts  in  a  more  uniform  manner. 
Extradition  is  largely  practiced.  Certain  countries  consent  to  deliver 
their  own  citizens,  thus  confessing  that  the  normal  tribunal  for  an 
offense  is  that  of  the  place  where  the  offense  has  been  committed.  The 
old  distrust  against  sentences  pronounced  in  other  countries  has  in 
part  disappeared,  and  different  people  representing  the  same  grade  of 
civilization  are  accepting  the  authority  of  a  criminal  process  abroad. 

The  Congress  expressed  the  opinion  that  it  is  desirable  that  the  inca- 
pacities which  fall  upon  a  person  by  reason  of  condemnation  pronounced 
against  him  from  some  infraction  of  common  law  by  the  tribunals  of  his 
nation  should  have  full  force  in  other  countries.  Also,  that  it  is  desirable 
that  one  who  is  condemned  for  crime  in  a  foreign  country  should  incur  in 
his  own  country  the  same  incapacities  and  deprivations  as  he  would 
incur  if  lie  had  been  condemned  there.  In  other  words,  a  person  who 
has  been  condemned  as  a  thief  in  one  country  ought  not  to  be  allowed 
to  sit  in  a  jury  in  another  or  exercise  the  rights  of  an  elector  or  fulfill 
public  functions. 

In  the  present  state  of  international  law,  however,  the  Congress  did 
not  ask  that  these  incapacities  and  deprivations  should  be  directly 
incurred  as  the  result  of  a  sentence  abroad,  but  that  they  might  be 
pronounced  as  the  result  of  a  special  action  by  the  tribunals  of  the 
country  of  which  the  prisoner  is  a  citizen,  not  retrying  the  case,  but 
confirming  the  procedure  of  the  foreign  court.  Again,  it  proposed  that 
a  judge  should  take  account  of  the  sentences  that  have  been  pro- 
nounced against  a  criminal  in  foreign  courts  when  he  is  arraigned  for 
some  infraction  on  national  territory.  Thus,  if  a  professional  thief  from 
Berlin  or  London  is  caught  in  this  country  pursuing  the  same  trade, 
there  seems  to  be  no  reason  why  he  should  be  regarded  as  a  first  offender 
here  when  it  can  be  shown  that  he  has  been  condemned  two  or  three 
times  in  those  cities  or  is  wanted  for  crimes  committed  there.  In  States 
having  a  habitual  criminal  law  the  recognition  of  a  criminal's  foreign 
career  would  thus  make  a  great  difference  in  the  sentence  imposed. 


FIFTH    INTERNATIONAL   PRISON   CONGRESS.  27 

The  conclusions  were  thus  formulated : 
Resolutions: 

1.  It  is  desirable  that  the  incapacities  which  a  person  incurs  by  rea- 
son of  condemnations  pronounced  against  Mm  for  crime  or  for  viola- 
tions of  common  laic  by  the  courts  of  his  country  should  follow  him 
in  full  force  in  all  countries. 

2.  It  is  desirable  that  a  native  of  a  country  who  is  condemned  for 
crime  or  violation  of  common  law  in  another  land  should  incur  in  his 
own  country  the  same  disabilities,  incapacities,  and  interdictions  as  he 
would  incur  if  he  had  been  condemned  there.    In  the  actual  state  of 
international  laic,  the  Congress  does  not  ask  that  these  disabilities, 
incapacities,  and  interdictions  should  be  the  direct  result  of  a  foreign 
sentence,  but  that  they  might  be  pronounced  as  the  result  of  a  special 
action  instituted  by  the  courts  of  the  country  of  the  delinquent. 

3.  When  a  new  infraction  has  been  committed  on  national  territory, 
the  judge  on  fixing  the  sentence  should  take  account  of  condemnations 
pronounced  abroad. 

INDEMNITY   OF   THE   VICTIMS   OF   CEIMB. 

Fourth  Question : 

Is  the  victim  of  an  offense  sufficiently  armed  by  modern  laws  with 

reference  to  obtaining  the  indemnity  which  may  be  due  to  him  from 

the  delinquent  f 

The  question  shows  how  ethical  elements  are  becoming  prominent  in 
these  discussions. 

It  was  felt  that  modern  laws  are  particularly  weak  here.  In  some 
respects  the  laws  in  different  countries  are  harder  upon  the  victim  than 
upon  the  offender.  Thus,  in  France,  while  in  a  case  submitted  to  a  jury 
costs  are  not  assessed  upon  the  complainant  if  the  complaint  is  sus- 
tained, in  all  other  cases  the  complainant  is  obliged  to  defray  the  costs 
of  the  process  whether  for  or  against  him.  It  often  occurs  that  the 
victim  is  too  poor  to  maintain  the  expenses  of  a  civil  suit.  Though 
the  effects  of  the  condemned  may  be  confiscated  for  the  benefit  of  the 
injured,  the  delinquent  is  often  insolvent.  It  was  maintained  that  a 
portion  of  the  prisoner's  earnings  might  be  applied  to  advantage  in  this 
direction.  But  this  would  in  most  cases  be  but  a  small  amount  unless 
the  sentence  were  long.  It  was  suggested  that  a  fund  may  be  estab- 
lished by  the  State,  derived  from  pecuniary  fines  imposed  instead  of 
short  sentences,  and  that  the  fund  thus  established  might  be  used  for 
the  relief  of  victims  of  crime.  It  was  also  suggested  that  restitution 
might  be  possible  in  some  cases  through  the  conditional  liberation  of 
the  offender.  The  Congress  found  the  subject  so  important  that  it 
recommended  to  serious  consideration  the  establishment  of  such  an 
indemnity  fund.  But  inasmuch  as  it  was  not  wholly  prepared  to  weigh 
the  matter  in  all  its  bearings,  it  decided  to  commit  the  subject  to  the 
consideration  of  the  next  International  Congress. 


28  FIFTH   INTERNATIONAL   PRISON   CONGRESS. 

Resolutions : 

1.  Penal  legislation  ought  to  take  more  account  than  it  has  hitherto 
done  of  the  necessity  of  assuring  reparation  to  the  injured  party. 

2.  When  the  complaint  of  the  prosecuting  party  is  well  grounded  he 
should  never  be  condemned  to  pay  costs. 

The  prosecuting  party  who  shall  have  simply  joined  his  action  to 
that  already  entered  by  the  public  solicitor  should,  even  if  he  fails,  be 
condemned  only  to  the  costs  occasioned  by  his  intervention. 

3.  The  benefit  of  counsel  should  be  accorded  to  the  injured  party  in 
courts  for  the  repression  of  crime  (devant  la  juridiction  de  repres- 
sion). 

4.  The  public  minister  in  the  case  of  correctional  or  criminal  suits 
shall  be  obliged  to  submit,  without  expense,  to  the  jurisdiction  con- 
cerned, the  demand  for  damages  of  the  injured  party,  the  right  being 
reserved  to  the  public  minister,  upon  the  admission  or  rejection  of  the 
demand,  to  take  such  action  as  may  seem  desirable. 

5.  The  indemnity  allowed  to  the  injured  party  shall  be  guaranteed 
by  a  general  claim  upon  the  estate  and  the  household  goods  of  the 
condemned,  and  that  claim  shall  be  made  concurrently  with  that  of  the 
public  treasurer  for  the  costs  of  justice. 

6.  The  Congress  decides  that  there  is  ground  for  taking  into  very 
serious  consideration  the  propositions  ichich  have  been  submitted  to  it 
with  regard  to  allowing  to  the  injured  party  a  portion  of  the  gains 
realized  by  the  icork  of  the  condemned  in  the  course  of  his  detention, 
and  icith  regard  to  constituting  a  special  indemnity  fund  from  which 
aid  may  be  accorded  to  the  victims  of  infractions  under  the  penal  law; 
but  thinking  that  it  does  not  possess  at  present  the  elements  which 
are  necessary  for  the  solution  of  these  questions,  it  decides  to  commit 
them  to  the  more  profound  study  of  the  next  International  Prison 
Congress. 

CLASSIFICATION   OF   CRIME. 

Fifth  Question . 

Is  there  ground  for  maintaining  in  penal  legislation  the  triple 
division  of  crimes,  delits,  and  contraventions  f  If  not,  what  simplifi- 
cation should  be  introduced  in  that  division  ? 

Classification  of  crimes  is  a  comparatively  ancient  method ;  the  clas- 
sification of  criminals  is  comparatively  modern.  In  Hebrew,  Oriental, 
and  Roman  codes  we  find  attempts  at  the  classification  of  crime,  and 
the  estimate  of  guilt  s  seen  in  the  varying  weight  of  penalty  attached 
to  the  offense.  No  subject  has  received  more  attention  from  modern 
jurists.  Every  law  enacted  by  a  legislature  with  a  penalty  attached 
becomes  a  designation  of  crime,  misdemeanor,  or  contravention.  The 
law  and  the  penalty  may  be  ethical  in  character  or  may  simply  relate 
to  public  convenience,  like  a  penalty  for  obstructing  the  sidewalk  or 
tearing  down  an  election  notice.  Modern  ideas  in  regard  to  the  ethical 


FIFTH    INTERNATIONAL    PRISON   CONGRESS.  29 

value  and  relative  enormity  of  offenses  are  very  different  from  those  of 
former  days.  In  no  respect  has  the  spirit  of  new  Italy  been  manifested 
more  significantly  than  in  the  revision  of  its  penal  code.  In  France, 
under  the  influence  of  BeYeuger,  great  improvements  have  been  made, 
and  in  England,  one  of  the  most  conservative  countries  in  changing  its 
laws,  many  changes  have  been  effected  in  the  last  fifty  and  even  in  the 
last  twenty-five  years.  But  the  classifications  of  crime  in  even  the  best 
penal  codes  are  all  more  or  less  arbitrary. 

If  we  wish  to  get  an  idea  how  arbitrary  they  are  we  may  do  so  with- 
out going  abroad  for  the  purpose.  We  may  compare  the  codes  of  44 
of  the  States  of  the  United  States,  as  Dr.  F.  H.  Wines  has  done  in  a 
paper  prepared  for  our  National  Prison  Congress,  1894.  There  we  find 
the  most  remarkable  divergencies  in  the  estimate  of  the  comparative 
guilt  of  offenses  and  the  punishment  which  should  be  affixed  to  them. 
Thus,  in  Delaware  the  extreme  penalty  for  counterfeiting  is  three  years' 
imprisonment;  in  five  of  the  States  it  is  imprisonment  for  life.  In  New 
Hampshire  a  perjurer  may  get  off  with  five  years;  in  Maine  he  maybe 
imprisoned  for  life.  In  Delaware  it  is  assumed  that  one  year  is  as  much 
as  a  man  deserves  for  bigamy,  but  in  Tennessee  he  may  get  twenty-one 
years.  The  value  of  a  nose  or  eye  in  Georgia  is  a  year  and  a  half  in 
a  jail  or  chain  gang  and  a  fine  of  $1,000;  in  Colorado  it  is  worth  three 
years'  imprisonment,  and  in  Vermont  imprisonment  for  life.  Thus  we 
might  go  through  the  catalogue  of  crimes  in  the  different  States.  The 
contradictions  presented  are  remarkable,  and  as  a  study  in  comparative 
ethics  are  very  curious.  Under  the  Hebrew  law  of  an  eye  for  an  eye 
and  a  tooth  for  a  tooth  the  matter  was  much  simpler;  but  when  it  comes 
to  measuring  the  money  value  of  an  eye  or  a  nose  or  the  length  of  impris- 
onment which  forms  an  equivalent  for  its  destruction  it  is  not  easy  to 
secure  unanimity. 

In  France  and  in  many  other  countries  there  is  a  threefold  division 
of  crimes,  delits,  and  contraventions,  as  there  is  recognized  generally 
in  this  country  a  distinction  between  crimes  and  misdemeanors.  The 
Congress  reaffirmed  the  utility  of  such  a  threefold  division.  It  may  be 
useful  to  some  extent  to  classify  crime  according  to  the  nature  and 
character  of  the  offense,  especially  on  broad  and  general  lines,  such  as 
the  distinctions  between  violations  of  civil  and  criminal  law,  offenses 
against  property,  and  offenses  against  persons;  but  the  difficulty  is 
in  the  adjustment  of  any  scale  of  penalties.  When  the  penalties  are 
arranged  on  a  sliding  scale  and  a  great  deal  of  liberty  is  allowed  to  the 
judge  in  applying  them,  the  difficulties  avoided  in  framing  the  law 
reappear  in  its  adminstration.  Thus,  while  each  State  has  a  fixed 
criminal  code  and  a  maximum  and  minimum  of  penalties,  a  study  of 
the  sentences  actually  imposed  shows  the  most  curious  variation  and 
contradictions.  The  estimates  of  the  comparative  enormity  of  offenses 
made  by  prisoners  themselves  is  sufficiently  curious,  as  when  the 
drunkard  boasts  that  he  has  not  been  a  thief  and  the  thief  boasts  that 


30  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

he  has  not  been  a  drunkard;  but  ethical  judgment  of  criminals  are 
hardly  more  contradictory  or  amusing  than  those  which  have  been 
framed  into  our  laws  and  which  are  revealed  in  their  administration. 
When  it  comes  to  the  application  of  the  penalty  the  only  final  relief 
for  arbitrariness  is  in  the  adoption  of  the  indeterminate  sentence.  On 
this  subject  the  International  Prison  Congress  shed  less  light  than  has 
been  thrown  by  our  National  Prison  Congress,  in  which  the  subject  of 
the  indeterminate  sentence  has  been  fully  developed  and  expounded. 

While  in  France  the  tripartite  division  prevails,  in  Holland  and  in 
Italy  a  bipartite  division  has  been  adopted:  These  divisions  are  of 
course  theoretical,  and  though  they  assist  in  the  classification  of  crimes 
are  not  of  the  greatest  importance  in  the  classification  of  prisoners. 

Eesolutions : 

1.  The  bipartite  division  is  scientific  and  rational. 

2.  There  is  no  reason  for  asking  the  States  which  have  adopted  it  to 
abandon  it. 

3.  But  it  may  be  useful  to  establish  a  correlation  between  the  clas- 
sification of  infractions  and  the  classification  of  jurisdictions.     When 
to  reach  that  correlation  it  is  necessary  to  subdivide  the  first  category 
of  infractions  under  the  name  of  major  and  minor  delits,  or  even  of 
crimes  or  offenses,  the  tripartite  division  has  a  practical  character 
which  justifies  its  maintenance.1 

Sixth  and  Seventh  Questions  : 

These  questions,  relating  to  vagabondage  and  prostitution,  were 
transferred  from  the  first  section  to  the  third,  and  the  resolutions 
adopted  are  given  in  the  report  of  that  section. 

CONDITIONAL,    LIBERATION. 

Eighth  Question: 

For  what  Tdnd  of  infractions  of  penal  law,  under  what  conditions, 
and  in  what  measure  is  it  desirable  to  admit  in  legislation — 

(a)  The  system  of  admonitions  or  remonstrances  addressed  by  the 
judge  to  the  wrongdoer  and  taking  the  place  of  condemnation? 

(b)  The  mode  of  suspending  a  sentence,  whether  of  fine  or  imprison- 
ment, or  such  other  sentence  as  the  judge  may  pronounce,  but  which 
he  declares  is  not  to  be  applied  to  the  prisoner  so  long  as  he  does  not 
incur  a  new  condemnation  f 

ADOPTION  IN   EUROPE    OF    CONDITIONAL   LIBERATION. 

In  the  preliminary  reports  of  the  Congress,  Signor  Pessina,  professor 
of  law  in  the  University  of  Naples,  pays  a  grateful  acknowledgment 
to  Massachusetts  as  having  first  put  into  operation  and  developed  the 

1  As  the  French  divisions  of  crime  do  not  have  a  corresponding  meaning  in  the 
United  States,  the  words  infractions,  crimes,  del  its,  and  jurisdictions  aret  left 
untranslated. 


FIFTH    INTERNATIONAL   PRISON    CONGRESS.  31 

system  of  probation.  He  gives  a  brief  outline  of  the  Massachusetts 
system,  which  he  shows  has  been  followed  by  salutary  fruits.  The  sys- 
tem has  been  introduced  in  Australia.  The  Howard  Association  of 
London  conducted  a  campaign  in  favor  of  it  in  England,  which  resulted 
in  the  adoption  of  the  first  offenders'  act.  According  to  English  law, 
probation  is  applied  only  to  those  who  have  never  before  incurred  a 
sentence,  and  it  is  not  applied  when  the  sentence  is  for  more  than  two 
years.  The  distinguished  jurist  Berenger,  of  France,  presented  a  some- 
what similar  law  to  the  French  Senate  in  1884,  but  it  did  not  become 
a  law  iu  France  until  1891.  Belgium  adopted  the  same  system  in  1881. 
In  the  French  and  Belgium  system  the  legal  process  is  never  suspended. 
It  is  always  the  sentence  alone  that  is  suspended,  and  in  the  French 
system  in  case  of  a  second  condemnation  within  five  years  the  first  sen- 
tence holds  good  and  must  be  executed. 

This  principle,  which  has  met  with  opposition  from  some  prominent 
European  jurists,  has  also  its  strong  advocates,  and  in  the  preliminary 
reports  made  to  the  Congress  we  find  it  urged  by  the  representatives 
of  France,  Eussia,  and  Italy.  It  has  found  an  opponent  in  Professor 
Kirchenheim,  of  Heidelberg.  It  has  also  been  opposed  by  Professor 
Pols,  of  Holland ;  the  former,  not  without  reason,  complaining  that  those 
who  have  imitated  the  Massachusetts  system  in  Europe  have  left  out 
its  most  important  feature — that  of  the  surveillance  exercised  by  the 
probation  officer.  The  opposition  to  this,  as  well  as  to  many  other  re- 
forms in  penal  legislation,  is  often  based  on  purely  theoretical  grounds. 
Massachusetts  has  now  a  solid  basis  of  experience,  and  the  new  method 
has  already  gained  such  a  hold  in  England,  France,  and  Belgium  that 
it  is  not  likely  to  be  abandoned.  It  is  only  a  question  of  time  for  it  to 
find  a  permanent  place  in  the  judicial  system  of  all  civilized  countries. 
The  custom  of  letting  certain  criminals  go  after  a  brief  admonition  by 
the  judge  is  a  very  old  one.  It  goes  back  to  Koman  times.  But  the 
custom  of  conditional  condemnations  or  probation  as  distinct  from  mere 
admonition  is  a  modern  development,  and  it  helps  to  distinguish  between 
the  accidental  and  the  professional  criminal — to  give  the  first  an  oppor- 
tunity to  recover  his  footing  and  to  show  the  second  that  he  can  have 
no  footing  whatever.  Since  the  adoption  of  the  law  in  Belgium  seven 
years  ago  132,000  conditional  condemnations  have  been  made,  and  of 
this  number  the  proportion  of  recommitments  has  been  only  3  per  cent. 

As  the  experience  of  Massachusetts  had  been  invoked  on  this  sub- 
ject, two  of  the  American  delegates,  Messrs.  Lewis  and  Barrows,  pre- 
sented facts  and  arguments  bearing  on  the  question. 

THE   PRINCIPLE   OF   PROBATION       ADDRESS    BY   MR.   CHARLTON  T.  LEWIS. 

In  an  address  delivered  at  a  general  meeting  of  the  Congress  July  8, 
Mr.  Charlton  T.  Lewis,  official  delegate  of  the  United  States  and  presi- 
dent of  the  Prison  Association  of  New  York,  said : 

Many  of  us  are  sorry  that  the  eighth  question  of  the  first  section  has 


32  FIFTH   INTERNATIONAL    PRISON    CONGRESS. 

not  been  made  the  subject  of  more  discussion  at  this  Congress.  I  do 
not  hesitate  to  affirm  that  this  question  is  of  the  highest  importance 
and  second  in  its  claims  upon  our  attention  to  none  of  those  which ' 
have  been  considered.  But  if  it  were  to  be  studied  in  all  its  aspects 
it  would  call  for  the  exercise  of  all  the  ability  and  learning  of  every 
member  present. 

To  understand  clearly  the  problems  presented  by  this  question  it 
would  be  necessary  to  investigate  the  history  of  prisons  and  the  origin 
of  the  system  of  legislation  by  which  offenses  are  classified  and  a 
penalty  is  assigned  to  each  of  them,  founded  on  some  supposed  esti- 
mate of  their  comparative  desert.  Such  an  investigation  would  disclose 
the  face  that  this  system  has  really  grown  up  at  random  and  does  not 
rest  upon  fixed  principles. 

Until  very  recent  times  the  object  sought  by  imprisonment  was  to 
prevent  the  offender  from  escaping  or  from  doing  further  injury,  and 
was  not  associated  with  the  idea  of  punishment.  There  is  nothing  in 
the  nature  of  a  prison  to  satisfy  the  instinct  of  retribution.  Society 
used  to  inflict  on  malefactors  death,  mutilation,  or  physical  pain  in 
various  forms,  exile,  forfeiture  of  goods,  or  fines,  disqualifications,  and 
humiliations  in  many  forms,  but  prisons  were  used  merely  to  detain 
persons  whose  presence  at  a  future  time  was  desired,  or  else  to  restrain 
them ;  but  since  under  the  pressure  of  public  opinion  the  infliction  of 
mutilations  and  flogging  have  been  rejected  as  inhumane  and  the  death 
penalty  has  become  extremely  rare,  the  convenient  custom  has  gradu- 
ally grown  up  of  imprisoning  delinquents,  and  the  ingenuity  of  legis- 
lators has  devoted  itself  to  the  useless  and  absurd  attempt  to  ascribe 
to  each  crime  or  offense  a  term  of  confinement  graduated  according  to 
its  supposed  enormity. 

On  principle,  nothing  justifies  the  imprisonment  of  a  man  except 
satisfactory  proof  that  his  freedom  is  dangerous  for  society.  Now,  if 
we  accept  this  principle,  two  consequences  follow  logically  from  it. 

First,  that  none  should  be  imprisoned  except  those  whose  liberty 
would  be  a  danger  for  society.  Second,  that  these  should  be  impris- 
oned, not  for  periods  of  time  fixed  in  advance,  but  just  as  long  as  their 
freedom  would  be  a  danger  for  society. 

The  second  of  these  conclusions  is  the  principle  of  the  indeterminate 
sentence,  a  principle  upon  which  all  recent  progress  in  the  theory  of 
penal  legislation  depends,  and  from  which  future  improvements  in  it 
are  to  be  expected.  Every  country  represented  in  this  Congress  now 
sends  to  prison  multitudes  of  persons  for  a  fixed  number  of  months  or 
years,  according  to  the  name  given  by  law  to  the  particular  offense  of 
which  each  is  convicted.  This  is  no  more  scientific  than  if  the  sick 
were  sent  to  a  hospital  for  a  number  of  days  determined  in  advance  by 
the  temperature  or  the  pulse  at  the  invasion  of  the  disease.  We  send 
only  the  sick  to  the  hospital.  The  necessity  of  sending  them  must  be 
established  by  a  thorough  inquiry,  and  if  it  is  once  proved,  the  sick 


FIFTH    INTERNATIONAL    PRISON   CONGRESS.  33 

must  be  detained  there  until  they  are  cured.  And  the  analogy  is  a  fair 
one  by  which  it  is  contended  that  no  man  should  be  imprisoned  until 
it  has  been  ascertained  that  he  is  of  a  criminal  character.  And  when 
this  is  known  he  must  be  imprisoned  until  he  is  reformed  or  until  he 
dies. 

But  the  first  of  the  two  conclusions  which  I  have  named  is  of  still 
higher  importance.  To  imprison  a  man  is  to  impose  upon  him  an 
utterly  unnatural  life,  apart  from  human  society,  cut  off  from  the  influ- 
ences and  associations  which  form  the  mind  and  character  and  offer 
scope  for  their  healthy  action  and  development.  It  is  to  consign  him 
to  companionship  of  all  that  is  vilest  in  the  human  race;  it  is  to  mark 
him  for  life  as  a  person  unfit  for  freedom  and  for  association  with  his 
kind,  and  to  deprive  him  after  his  release  of  most  of  the  sources  of 
hope  and  energy  which  alone  could  save  him. 

The  force  of  this  influence  is  so  great  that  few  overcome  it.  The 
criminal  class  is  everywhere  made  up  of  men  who  have  received  their 
education  in  prison.  Prisons  are  the  universities  of  crime,  whose  pupils 
are,  everywhere  the  enemies  of  society.  They  are,  then,  an  evil — per- 
haps a  necessary  evil,  but  one  whose  necessity  should  be  accepted  with 
caution  and  whose  use  should  be  restricted  within  the  narrowest  possible 
limits.  If  this  Congress  should  devise  a  method  of  protecting  society 
against  crime  to  the  extent  to  which  prisons  are  supposed  to  protect  it, 
while  actually  confining  none  but  confirmed  criminals,  it  would  truly 
merit  a  share  in  the  glory  of  the  Savior  of  men. 

The  State  of  Massachusetts  has  for  several  years  had  in  force  a  law 
which  seems  to  be  a  step  toward  such  a  revolution  as  this  in  penal 
codes.  When  a  person  is  convicted  of  crime  for  the  first  time,  the 
judge  has  the  power  to  discharge  him  without  a  sentence  of  imprison- 
ment, but  retaining  him  under  supervision  provided  by*  the  law.  Cer- 
tain men  of  upright  character,  of  much  experience  in  dealing  with 
criminals,  and  of  sincere  philanthropy,  are  appointed  by  the  court  as 
probation  officers.  It  is  their  duty  in  each  case  of  a  first  offense  to 
investigate  not  only  the  criminal  act  itself,  but  the  life  of  the  offender, 
his  family,  his  habits,  his  occupation,  and  his  history.  If  it  appears, 
on  a  careful  review  of  all  the  facts,  that  there  is  a  strong  probability  of 
his  reforming  and  that  he  will  live  and  support  himself  without  crime, 
the  probation  officer  may  recommend  to  the  court  that  the  offender  be 
permitted  to  return  to  his  home  and  to  his  work  under  the  supervision  of 
the  probation  officer.  He  must  report  from  time  to  time  to  that  officer 
and  prove  to  him  that  he  is  living  an  upright  life,  without  bad  associates, 
and  is  sober  and  industrious.  If  he  succeeds  iu  this  for  the  time  which 
the  court  has  fixed  as  that  of  his  probation,  the  court  may  entirely 
remit  his  sentence  and  give  him  a  final  discharge.  But  if  during  his 
probation  he  is  discovered  to  be  idle,  drunken,  and  vagabond,  to  asso- 
ciate with  criminals,  or,  in  the  judgment  of  the  probation  officer,  to  be 
in  danger  of  committing  further  offenses,  that  officer  must  arrest  him 
S.  Doc.  181 3 


34  FIFTH   INTERNATIONAL   PRISON   CONGRESS. 

and  bring  him  again  before  the  court,  to  be  sentenced  for  his  original 
offense. 

In  Boston  and  several  other  cities  faithful  and  intelligent  men  have 
been  found  to  serve  the  community  as  probation  officers.  The  results 
are  most  encouraging.  The  proportion  of  offenders  once  condemned 
and  imprisoned  who  become  permanent  members  of  the  criminal  class 
is  well  known  to  be  very  large.  The  proportion  of  persons  released 
on  probation  who  fail  to  comply  with  its  terms  and  become  liable  to 
imprisonment  for  the  original  offense  is  surprisingly  small.  I  have 
made  several  attempts  to  collect  complete  statistics,  and  hope  one  day 
to  present  to  the  members  of  the  Congress  the  detailed  evidence,  but 
for  this  occasion  it  is  enough  to  affirm  on  the  united  testimony  of  the 
authorities  engaged  in  administering  this  law,  that  the  new  system  is 
rapidly  diminishing  the  number  of  criminals,  and  promises  to  do  much 
toward  rendering  prisons  unnecessary. 

The  extent  to  which  this  principle  can  be  applied  is  as  yet  unknown. 
Only  experience  can  determine  its  proper  limits.  But  it  has  awakened 
hopes  sufficient  to  justify  the  profound  study  of  this  experiment  on  the 
part  of  all  those  who  know  the  evils  caused  by  prisons  in  making  men 
corrupt  and  criminal;  and  some  go  so  far  as  to  hope  that  ultimately 
the  greater  number  of  the  prisons  of  the  world  may  be  dispensed  with, 
and  that  civilized  society  will  learn,  by  completing  and  extending  such 
measures  as  these,  that  its  highest  duty  toward  offenders  is  not  punish- 
ment or  vengeance,  but  reform. 

THE  PROBATION   SYSTEM  IN  MASSACHUSETTS— ADDRESS   BY   SAMUEL  J.  BARROWS. 

Samuel  J.  Barrows,  secretary  of  the  American  delegation,  said: 
One  of  the  most  distinctive  features  of  the  penal  system  of  Massa- 
chusetts is  the  introduction  and  extension  through  the  State  of  the 
probation  system. 

This  system  proceeds  on  the  assumption,  well  supported  by  experience, 
that  many  persons  who  are  arrested  may  be  saved  from  a  life  of  crime 
if  sentence  is  suspended  and  the  convicted  person  has  another  opportu- 
nity to  become  a  law-abiding  citizen  before  the  stigma  of  prison  life  is 
fixed  upon  him.  Previous  to  1870,  when  this  assumption  was  framed 
into  a  law,  it  was  occasionally  the  usage  to  release  persons  convicted  of 
crime  on  the  application  and  assurance  of  certain  individuals  who  were 
interested  in  their  reformation.  In  1878  this  function  was  partially 
assumed  by  the  State.  A  law  was  passed  providing  for  the  appoint- 
ment of  a  probation  officer  in  each  city  and  town.  This  law  was  per- 
missive, not  mandatory.  Many  towns  and  cities  did  not  avail  them- 
selves of  the  privilege.  It  was,  however,  adopted  in  Boston.  Twelve 
years  the  system  was  confined  to  that  city.  The  probation  officer  was 
the  late  Edward  H.  Savage,  formerly  chief  of  police.  The  work,  how- 
ever, was  much  too  large  for  a  single  officer  at  the  central  court.  In 
1888  two  additional  officers  were  appointed  for  the  Boston  court. 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  35 

In  1891,  largely  through  the  instrumentality  of  the  Massachusetts 
Prison  Association,  a  law  was  passed  requiring  the  appointment  of  a 
probation  officer  in  each  municipal,  police,  or  district  court  in  the 
State.  The  officers  are  appointed  by  the  judge  of  the  court  and  the 
expense  is  borne  by  the  county.  There  are  now  fifty-eight  probation 
officers  in  Massachusetts.  The  central  municipal  court  of  Boston  has 
seven  probation  officers — a  chief  and  six  assistants.  One  of  these  is 
a  woman,  Miss  Hannah  M.  Todd,  appointed  under  the  provisions  of  a 
special  act  of  May,  1892,  who  has  furnished  and  stated  much  of  the 
information  that  follows. 

The  work  of  the  probation  officers  is  of  two  kinds: 

First.  Investigation. 

Second.  The  visitation  and  the  oversight  of  those  who  are  placed 
on  probation. 

1.  INVESTIGATION. 

All  arrested  persons  are  seen  by  the  probation  officer  before  they 
come  into  court.  Kindly  inquiries  are  made  as  to  their  families,  home, 
occupation,  condition.  The  investigation  is  not  made  to  obtain  evi- 
dence for  establishing  guilt,  but,  by  furnishing  information  as  to  the 
general  character  of  the  individual,  to  assist  the  judge  in  making  his 
decision.  After  interviewing  the  prisoner  an  investigation  is  made 
outside  to  determine  the  truth  of  his  statements.  This  investigation 
is  often  superficial,  but  usually  enough  information  is  obtained  to  ena- 
ble the  judge  to  act  intelligently.  In  important  cases  an  extension  of 
time  is  granted  to  complete  the  investigation.  Registration  is  made  by 
the  probation  officer  of  the  facts  secured  and  they  are  properly  cata- 
logued by  a  card  system  that  may  be  available  at  any  time  for  the 
information  of  the  court. 

2.  VISITATION  AND  OVERSIGHT. 

After  investigation  the  trial  occurs  and  sentence  is  pronounced.  If 
the  individual  is  put  on  probation,  the  sentence  of  the  court  is  simply 
deferred.  It  may  be  imposed  at  the  expiration  of  the  term  of  proba- 
tion, or  the  probationer  may  be  surrendered  and  sentenced  before  the 
time  expires.  During  the  probation  visits  are  made  by  the  officer  as 
often  as  once  a  week;  friendly  personal  relations  are  established.  Pro- 
bation officers  may  also  aid_in  securing  employment,  in  assisting  proba- 
tioners who  are  away  from  the  city,  and  in  getting  friends  to  interest 
themselves  in  their  behalf;  endeavoring  to  develop  their  moral  sense,  to 
strengthen  the  character,  and  to  remove  them  from  bad  associations. 
The  application  of  the  probation  system  gives  an  opportunity  to  apply 
special  treatment  to  individual  cases. 

The  duties  of  the  female  probation  officer  are  confined  to  female  con- 
victs, and  are  essentially  the  same. 


36  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

3.  LENGTH  OF  PROBATION. 

In  smaller  places  the  term  has  been  about  one  year.  In  the  central 
municipal  court  the  term  is  about  five  weeks.  This  is  too  short  a  time, 
says  Miss  Todd,  to  gain  influence  or  to  decide  if  the  probationer  is 
doing  well. 

At  the  expiration  of  probation  the  case  may  be  disposed  of  in  one  of 
four  ways :  First,  by  extension  of  the  term  of  probation ;  second,  by 
surrender  or  by  sentence;  third,  the  case  may  be  defaulted  by  non- 
appearance  at  court;  fourth,  the  case  may  be  dismissed. 

For  each  continuance  of  the  case  a  reappearance  in  court  is  necessary. 

4.  PROBATION  IN  INTEMPERANCE. 

A  few  years  ago  many  arrests  were  made  in  Massachusetts  for  drunk- 
enness. This  led  to  the  application  of  the  probation  law  to  cases  of 
drunkenness  by  a  special  act  with  particular  provisions.  The  law  pro- 
vides that  persons  arrested  for  drunkenness  may  make  to  the  officer  in 
charge  of  the  place  of  custody  in  which  he  is  confined  a  written  state- 
ment addressed  to  the  court  having  jurisdiction  of  the  case,  giving  his 
name  and  address,  his  place  of  employment,  what  persons  are  depend- 
ent upon  him  for  support,  and  whether  he  has  been  arrested  for  drunk- 
enness before  within  twelve  months.  If  the  arrest  was  made  within 
the  jurisdiction  of  a  court  having  a  probation  officer,  that  officer  must 
inquire  into  the  truth  or  falsity  of  the  statement.  On  his  report  the 
court  may  direct  that  such  person  may  be  released  from  custody  with 
out  arraignment.  Or  if  it  is  found  that  he  is  an  habitual  drunkard 
he  may  be  arraigned  and  sentenced.  The  probation  officers  assist  the 
court  by  obtaining  information  as  to  previous  arrests,  convictions,  and 
imprisonments. 

These  intemperance  cases  add  greatly  to  the  work  of  the  probation 
officers.  In  the  central  municipal  court  of  Boston  7,246  cases  of  drunk- 
enness were  especially  investigated  by  the  probation  officers  of  that 
court  during  the  year  ending  September  30,  1894,  out  of  a  total  of 
9,104  cases  in  the  entire  State.  This  work  at  the  central  court  is  still 
done  by  seven  probation  officers.  The  result  of  the  law  has  been  the 
imposition  of  longer  sentences  for  habitual  drunkards,  while  occasional 
offenders  have  every  opportunity  to  reform. 

The  whole  number  of  cases  referred  to  be  investigated  by  probation 
officers  during  the  last  year  was  47,249,  of- which  15,607  were  from  the 
central  court  of  Boston.  Of  this  whole  nnmber  of  cases  investigated 
5,317  were  put  on  probation.  Of  these,  1,180  were  placed  in  charge  of 
the  probation  officers  of  the  central  municipal  court  of  Boston.  Of 
'this  latter,  461  were  women,  and  were  placed  under  the  charge  of  Miss 
Todd.  Most  of  the  women  are  arrested  for  drunkenness  and  prostitu- 
tion. It  is  seldom  that  a  woman  is  arrested  for  drunkenness  who  has 
just  begun  to  use  intoxicating  drink. 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  37 

Miss  Todd  says: 

Many  of  those  coming  under  onr  care  are  deficient  in  mental  qualities,  and  have 
almost  no  moral  perceptions.  They  follow  any  path  open  to  them  as  long  as  it  does 
not  call  for  the  exercise  of  any  power  of  resistance.  Still  others  are  broken  down 
from  overwork  and  trouble  and  are  in  sore  need  of  friendly  help  and  strength.  By 
the  means  of  probation  a  person  taken  early  on  the  downward  career,  when  the 
vices  are  more  largely  tendencies  than  habits,  can  usually  be  influenced  to  a  better 
life.  Under  probation  there  is  every  incentive  to  do  well,'  as  the  sentence  of  the 
court  is  only  suspended,  and  though  under  the  surveillance  of  the  court  the  proba- 
tioner is  under  a  moral  restraint  only,  and  this  gives  opportunity  for  the  exercise  of 
self-control  and  a  motive  to  enter  on  a  new  life  away  from  old  associations.  While 
we  can  not  expect  that  the  habits  and  tendencies  which  have  made  a  person  a  crim- 
inal or  a  delinquent  will  be  overcome  in  a  few  weeks,  we  do  find  that  in  many  cases 
the  possibility  of  imprisonment  arouses  them  to  a  sense  of  their  danger  and  shows 
them  whither  they  are  drifting. 

The  value  of  probation  depends  largely  on  the  amount  of  personal  effort  and 
interest  which  the  officers  can  put  into  it ;  it  is  important  to  see  frequently  those 
placed  in  our  care,  as  often  as  possible  in  their  own  homes  or  at  their  work,  so  that 
we  may  touch  their  daily  life  and  bring  to  them  fresh  spirit  and  influence.  These 
visits  should  be  made  in  a  friendly  spirit,  not  to  find  out  all  the  unfavorable  things 
about  the  probationers,  but  to  help  them  to  regain  confidence  in  themselves,  and  to 
brighten  up  their  lives  a  bit. 

A  judge  in  one  of  our  suburban  courts  says : 

I  am  impressed  more  and  more  every  day  with  the  importance  of  the  probation 
officer.  His  work  does  more  to  prevent  the  weak  from  falling  and  to  build  up  the 
unfortunate  than  most  people  have  any  idea  of. 

The  first  section  then  concluded  its  deliberations  by  passing  the  fol- 
lowing resolutions,  which,  with  the  previous  ones,  were  ratified  by  the 
general  assembly. 

Resolutions : 

The  application  of  admonition  by  the  judge,  and  that  of  the  sus- 
pension of  the  sentence  after  condemnation,  lead  to  almost  identical 
results.  In  consequence,  it  is  unnecessary  to  add  the  system  of  admo- 
nition to  that  of  the  suspension  of  the  sentence. 

Those  systems  of  legislation  which  permit  tribunals  for  the  repres- 
sion of  crime  to  grant  a  suspension  of  sentence  to  first  offenders,  con- 
demned to  short  sentences,  comprise  the  best  provisions  known. 


38  FIFTH   INTERNATIONAL   PRISON   CONGRESS. 

SECOND  SECTION. 
PRISON    ADMINISTRATION. 

President:  M.  Goos,  inspector-general  of  prisons,  Denmark. 

Vice-Presidents :  Gen.  E.  Brinkerhoff,  president  of  the  National 
Prison  Association,  United  States;  Professor  Brusa, Italy;  M.  Dunant, 
president  of  the  council  of  state,  Geneva;  Director-General  Gripen- 
berg,  Finland ;  Director  Ogawa,  Japan ;  Professor  Prins,  Belgium;  Mr. 
Spearman,  magistrate,  England;  Director  Stevens,  Belgium;  Senator 
Zakrewsky,  Russia. 

Secretaries :  MM.  Fournier,  Granier,  Budin,  general  inspectors  to  the 
minister  of  the  interior. 

Bouillard,  chief  of  bureau  under  the  minister  of  the  interior. 

Assistant  Secretary:  M.  Gramaccini. 

The  programme  of  the  second  section  embraced  many  important 
questions,  such  as  the  accurate  identification  of  prisoners,  regulations 
for  prisons  for  women,  the  subject  of  prison  labor,  the  compensation  of 
prisoners,  and  other  related  themes. 

IDENTIFICATION  OF   CRIMINALS. 

The  question  of  the  identification  of  convicts  or  those  under  arrest  is 
of  great  practical  importance.  It  came  before  the  Congress  in  the 

First  Question : 

Is  there  occasion  to  generalize  and  unify  methods  of  anthropometry 
and  to  examine  the  conditions  under  which  an  understanding  might  be 
recommended  in  this  respect  ? 

The  members  of  the  Congress  had  an  opportunity  to  see  the  working 
of  the  system  invented  by  Dr.  Bertillon,  of  Paris.  It  substitutes  for 
the  old-fashioned  extemporaneous  method  of  identifying  a  criminal 
through  the  treacherous  memory  of  prison  officers,  policemen,  or  wit- 
nesses, a  scientific  and  practically  exact  method  of  measurement  which, 
together  with  photographs,  constitute  a  complete  identification  of  any 
person  who  may  be  subjected  to  them.  Its  utility  is  not  confined  to 
the  identification  of  criminals  who  reappear  at  the  same  court  or  at  the 
same  prison.  By  a  system  of  exchange  between  different  States  and 
countries,  it  may  be  used  to  identify  criminals  who  go  from  one  place 
to  another.  In  our  own  country  prisoners  may  easily  transfer  their 
operations  from  State  to  State,  but  with  the  Bertillon  system  in  gen- 
eral use  it  would  be  possible  to  distinguish  these  habitual  criminals 
from  first  offenders,  and  sentence  them  under  habitual  criminal  laws. 
Communication  is  now  carried  on  between  police  agents  of  the  large 
cities,  but  identification  has  been  based  too  much  on  photographs  and 
crude,  unscientific  methods.  The  Bertillon  system  has  already  been 
partially  introduced  in  some  States  of  this  country.  The  value  of  an 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  39 

interstate  and  international  system  of  this  kind  is  beyond  question. 
The  Congress  recognized  this  fact  and  passed  the  following 

Resolution : 

It  would  be  of  great  advantage  to  reach  some  prompt  international 
agreement  as  to  the  unification  of  anthropometric  processes. 

PRISONS  FOR  WOMEN. 
Second  Question : 

Is  it  well  to  apply  to  prisons  for  women  special  regulations  possibly 
very  different  from  those  established  for  male  prisons  in  respect  to 
work,  discipline,  and  dietary  f 

Is  it  well  to  apply  to  women  a  special  system  of  penalty  f 

This  question  gave  an  opportunity  for  some  of  the  women  delegates 
to  the  Congress  to  give  the  result  of  their  experience  and  observation. 
There  were  warm  advocates  for  the  separate  system  for  women  as  for 
men.  But  we  suspect  that  if  the  delegates  could  have  seen  the  women's 
prison  in  Massachusetts  and  learned  the  remarkable  results  there 
obtained,  faith  in  the  separate  system  as  the  best  method  except  for  a 
very  brief  period  at  the  beginning  of  the  sentence  would  have  been 
greatly  shaken.  Certainly  the  people  of  that  State  have  no  reason  to 
change  the  present  method  of  administration,  which  is  based  distinctly 
upon  the  reformatory  idea. 

Eesolution: 

It  is  equitable  and  necessary  to  provide  in  the  regulations  different 
prescriptions  for  men  and  for  women,  as  well  from  the  physical  point 
of  view  as  from  the  moral  and  intellectual. 

Cellular  imprisonment  should  be  applied  during  the  time  of  arraign- 
ment. The  principle  of  cellular  imprisonment  ought  to  be  adopted  for 
women,  whatever  may  be  the  duration  of  the  sentence. 

PRISON   LABOR. 

Third  Question: 

Should  we  admit  sentences  privative  of  liberty  in  the  course  of  which 
work  is  not  obligatory  f 

Is  not  work  in  all  prisons  indispensable  as  an  element  of  order, 
preservation,  moral  power,  and  health  f 

The  need  of  manual  labor  in  all  prisons  as  an  element  of  order, 
hygiene,  and  moral  power  was  strongly  affirmed  by  the  Congress,  as  it 
has  been  affirmed  by  our  own  national  association,  and  indeed  by  every 
experienced  prison  warden  the  world  over.  No  principle  ought  to  be 
more  firmly  embedded  in  the  public  mind.  All  the  reporters  to  the 
Congress  were  unanimous  in  their  opinion  on  this  subject. 

Eesolution : 

Manual  labor  ought,  as  a  general  rule,  to  be  obligatory  in  all 
sentences  involving  a  privation  of  liberty. 


40  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

COMPENSATION   FOE   PRISONERS. 

Fourth  Question : 

Have  prisoners  a  right  to  wages  f  Should  the  product  of  labor  be 
employed  at  first  to  cover  the  expenses  of  subsistence  of  all  the  pris- 
oners of  the  same  category,  reserving  for  each  of  them  a  fixed  part  of 
the  product  and  giving,  under  the  title  of  recompenses,  gratuities  to 
the  more  meritorious  f 

The  tendency  and  indeed  the  practice  in  Europe  to-day  is  to  give  to 
prisoners  a  share  of  the  product  of  their  labor.  Whether  this  share 
shall  be  called  wages  or  a  gratuity  is  not  merely  a  matter  of  nomencla- 
ture; it  is  a  matter  of  principle.  Just  how  people  may  divide  on  a 
principle  while  they  are  perfectly  willing  to  unite  on  a  fact  was  seen 
in  one  of  the  most  exciting  and  prolonged  debates  of  the  Congress,  on 
the  question  whether  a  prisoner  had  a  right  to  wages.  It  was  not  the 
wages  but  the  right  which  was  the  subject  of  dispute.  It  was  a  question 
of  ethics  over  against  a  question  of  expediency  or  of  practical  adminis- 
tration. An  eloquent  minority  maintained  the  right  of  the  prisoner  to 
receive  compensation  for  his  labor,  and,  what  rarely  happened,  the  Con- 
gress became  very  nearly  divided  on  the  matter.  Of  eleven  reporters 
of  different  nationalities  who  had  written  on  this  subject  preliminary 
to  the  meeting,  five  were  in  favor  of  the  right  of  the  prisoner  to  wages, 
six  admitted  only  gratuities  as  recompenses  for  good  conduct  and  work. 
Monsieur  Paul  Cuche,  of  the  Societe  des  Prisons,  in  his  review  of  the 
sections  of  the  Congress,  has  said : 

Everybody  was  practically  agreed  that  it  is  indispensable  to  any  good  penitentiary 
regime  that  it  should  recognize  the  efforts  of  the  prisoner  through  some  remunera- 
tion. If  the  prisoner  is  not  stimulated  to  work  by  the  alternative  play  of  recom- 
penses and  of  punishments  we  might  prevent  him  from  being  idle  by  the  menace  of 
chastisement,  but  we  could  not  make  him  an  industrious  man,  for  in  taking  away 
the  hope  of  gain  we  have  deprived  his  productive  activity  of  its  principal  resource. 

Penitentiary  work  to  be  moral  in  its  effect  must  be  paid,  but  shall 
this  remuneration  be  in  the  form  of  wages  or  a  bounty  ?  Shall  the 
prisoner  who  works  have  a  right  to  exact  from  the  State  recompense 
for  his  work  upon  the  basis  of  a  determined  tariff1?  Or  shall  pecuniary 
encouragement  be  accorded  rather  with  reference  to  the  moral  value 
than  with  reference  to  the  industrial  value  of  his  efforts?  It  was  seen 
that  the  concession  of  the  prisoner's  right  to  wages  would  carry  with 
it  a  good  many  other  rights  which  the  Congress  was  not  prepared  to 
concede  and  which  it  might  be  dangerous  to  affirm ;  and  the  result  of 
this,  perhaps  the  most  animated  debate  of  the  Congress,  was  finally 
the  passage  of  the  following  vote : 

Resolution : 

The  prisoner  has  no  right  to  wages,  but  it  is  for  the  interest  of  the 
State  to  give  him  some  recompense.  The  remuneration  assigned  the 
prisoner  should  not  be  left  to  the  decision  of  the  administration,  but 
fixed  by  general  rule. 


FIFTH    INTERNATIONAL   PRISON    CONGRESS.  41 

This  decision  of  the  Congress,  as  already  said,  is  in  conformity  with 
the  actual  practice  which  exists  in  most  of  the  countries  in  Europe.  The 
system  now  exists  in  France,  Belgium,  Italy,  Switzerland,  Denmark, 
Austria,  Hungary,  Norway,  Sweden,  Eussia,  and  has  just  been  intro- 
duced in  Japan.  It  is  customary  in  these  countries  to  place  a  certain 
amount,  depending  upon  his  labor  and  good  behavior,  to  the  credit  of 
the  prisoner.  This  amount  is  generally  divided  into  two  portions,  not 
always  equal  portions,  one  of  which  he  may  spend  while  in  prison  under 
the  supervision  of  the  administration  to  add  to  his  comforts  or  to  send 
to  his  family.  The  other  portion  is  reserved  to  the  time  of  his  dis- 
charge. In  France,  at  the  Maison  Centrale,  at  Melun,  the  average  wages 
of  the  prisoner  is  1  franc  78  centimes,  or  about  35  cents  a  working  day. 
A  three-year  prisoner  has  to  his  credit  on  leaving  an  average  of  $50, 
a  four-year  prisoner  an  average  of  $70,  a  five-year  prisoner  an  aver- 
age of  $90.  At  the  Maison  d'Arret,  of  Eouen,  the  average  recompense 
per  day  is  from  50  centimes  to  1  franc  25  centimes — say,  from  10  to  25 
cents  a  day.  At  Poissy,  in  France,  the  amount  given  to  discharged 
prisoners  from  their  earnings  is  for  one  year  about  81  francs  ($16.20), 
for  two  years  187  francs  ($35.40),  for  five  years  562  francs  ($112). 

During  the  discussion  figures  were  cited  by  the  director  of  a  central 
prison  to  show  that  certain  prisoners  gained  from  5  to  7  francs  a  day, 
and  one  man  had  actually  gained  15  francs,  or  about  $3  a  day.  Eep- 
resentatives  from  Switzerland  and  Belgium  showed  that  such  extremes 
could  not  occur  in  their  country.  In  some  countries  the  amount  which 
the  prisoner  has  at  his  discharge  is  extremely  small.  In  England,  the 
prisoner  is  not  credited  with  remuneration  on  the  basis  of  his  work,  but 
receives  certain  rewards  which  may  be  available  at  his  discharge.  He 
receives  10  shillings  on  leaving  a  local  prison.  On  leaving  a  convict 
prison,  where  the  sentences  vary  from  three  years  to  life,  the  highest 
amount  available  on  discharge  is  £6. 

The  practice  of  assigning  to  prisoners  a  small  portion  of  their  earn- 
ings has  been  introduced  in  a  few  States  in  this  country.  It  is  a 
method  which  needs  a  much  wider  application,  that  the  prisoner  may 
have  the  advantage  of  a  healthy  stimulus  to  labor,  and  be  able  to  apply 
some  of  his  earnings  to  the  relief  of  his  family.  In  the  Eastern  Peni- 
tentiary, Philadelphia,  the  salutary  results  of  this  system,  both  for  the 
prisoner  and  his  family,  have  been  amply  proved.  At  the  time  of  the 
Johnstown  disaster  the  prisoners  contributed  over  $500  to  the  relief  of 
the  distressed  survivors. 

THE  MULTIPLICATION   OF  RECOMPENSES. 

Fifth  Question: 

With  the  aim  of  influencing  prisoners  rather  through  hope  than 
through  fear,  is  it  advisable  to  multiply  recompenses? 

While  recognizing  the  fact  that  a  prisoner  should  be  influenced  more 
by  hope  than  by  fear,  the  Congress  did  not  recommend  the  multiplica- 


42  FIFTH   INTERNATIONAL   PRISON   CONGRESS. 

tion  of  rewards  or  anything  which  would  interfere  with  the  strictness 
and  equality  of  prison  discipline. 

Resolution : 

Without  discussing  the  question  of  penitentiary  systems,  the  Con- 
gress does  not  think  it  desirable  that  recompenses  should  be  multiplied. 

PUNISHMENTS. 

Sixth  Question: 

In  what  form  and  under  what  conditions  should  disciplinary  pun- 
ishments be  pronounced  and  applied  f 

One  of  the  best  reports  on  this  subject  was  furnished  by  M.  Albin 
Uhlyarik,  director  of  the  penitentiary  of  Sopron,  Hungary,  who  main- 
tained that  disciplinary  penalties  ought  always  to  preserve  a  humane 
character  and  have  for  their  end  the  correction  of  the  individual  and 
never  impair  his  health  by  too  rigorous  measures.  Intermittent  and 
capricious  indulgence  is  as  harmful  as  a  too  exacting  rigor,  which,  dic- 
tated by  passion,  is  nearly  always  unjust,  and  naturally  engenders 
bitterness  and  impassability  in  the  prisoner.  The  individual  character 
of  the  prisoner  ought  always  to  be  studied  before  applying  discipline. 
M.  TJhlyarik  believed  strongly  in  the  cellular  system.  Corporal  pun- 
ishment has  been  long  since  banished  in  Hungary,  and  M.  Uhlyarik 
does  not  desire  its  reestablishment,  yet  he  desired  the  extension  ot 
disciplinary  punishments.  In  the  majority  of  cases  the  punishments 
in  existence  are  usually  effectual,  but  in  the  case  of  obstinate  resistance 
a  cage,  such  as  that  employed  in  Saxony,  is  necessary.  Irons,  chains, 
and  the  camisole  should  only  be  employed  during  some  hours.  We  can 
conceive  of  a  disciplinary  punishmemt  more  strict  than  that  now 
employed  which  can  be  applied  long  enough  to  reduce  the  recalcitrant 
prisoner  and  force  him  to  submit  absolutely  his  will  to  that  of  his 
superiors,  but  which  shall  not  impair  health  or  lead  to  suicide. 

After  a  discussion  of  various  methods  the  section  passed  the  follow- 
ing 

Resolutions : 

1.  Regulations  posted  in  the  prison  ought  to  warn  against  the 
principal  infractions  and  indicate  the  different  penalties. 

2.  The  penalty  ought  to  be  pronounced  after  serious  inquest  and 
after  having  heard  the  prisoner. 

3.  The  sentence  ought  to  indicate  the  time  the  penalty  must  be 
endured. 

CLASSIFICATION  OF  PRISONERS. 

Seventh  Question : 

In  the  interest  of  general  discipline  and  the  reformation  of  criminals 
is  it  better  to  make  a  selection  of  the  best  or  of  the  worst  f 

The  subject  of  the  classification  of  prisoners  is  at  the  basis  of  all 
prison  management.  Where  there  is  no  attempted  classification  and 


FIFTH    INTERNATIONAL    PRISON   CONGRESS.  43 

prisoners  are  indiscriminately  thrown  together  the  evil  communications 
which  corrupt  good  manners  are  soon  evident.  M.  Steven,  of  Bel- 
gium, an  ardent  advocate  of  the  cellular  system,  did  not  lose  his 
opportunity  to  urge  its  advantages.  Isolate  the  condemned  and  the 
question  is  settled.  But  it  may  be  added  that  such  a  method  is  not 
classification,  but  isolation,  and  that  it  is  physical,  not  moral.  In  the 
graded  system  and  the  reformatories,  of  which  Elmira,  N".  Y.,  is  the  old- 
est and  most  prominent  example,  the  character  of  a  prisoner  under  a 
system  of  marking  and  grading  soon  determines  his  classification,  and 
under  a  wise  prison  system  habitual  criminals  will  not  be  committed  to 
the  same  institutions  as  first  offenders. 

Kesolution : 

In  the  interest  of  general  discipline  and  of  amendment  it  is  better  to 
make  a  selection  of  the  worst. 

THE   CRIMINAL  INSANE. 

Eighth  Question : 

Upon  what  principle  should  the  duration  of  sentences  be  calculated 
in  the  case  of  criminals  afflicted  with  mental  alienation  f 

1.  When  they  are  shut  up  in  special  quarters  under  penitentiary 
administration  ? 

2.  When  they  are  transferred  to  insane  asylums,  properly  so-called  ? 

That  is  to  say,  when  a  criminal,  in  the  course  of  his  sentence,  is 
attacked  with  insanity  and  put  in  an  asylum,  ought  the  time  passed 
there  to  be  counted  in  estimating  the  length  of  his  sentence?  A  volu- 
minous report  was  made  by  M.  Paul  Fournier,  inspector-general  of  the 
administrative  service  of  the  department  of  the  interior  of  France,  who 
presented  a  large  amount  of  information  concerning  the  regulations 
and  usages  of  different  countries.  In  the  discussions  the  majority  of 
speakers  took  the  ground  that  the  time  spent  in  an  asylum,  whether 
within  or  without  the  prison  administration,  ought  to  be  counted  as 
part  of  the  duration  of  the  sentence.  The  question  was  pertinently 
asked,  Why  should  there  be  any  distinction  between  physical  and  men- 
tal maladies  ?  A  prisoner  who  is  sick  and  in  the  prison  hospital  does 
not  have,  on  recovering,  to  make  up  the  time  thus  spent,  and  why 
should  one  who  suffers  from  mental  malady,  one  of  the  most  unfortu- 
nate of  all  diseases,  be  subjected  to  a  more  severe  regime?  In  most 
countries  under  modern  laws,  as  appears  from  M.  Fournier's  report,  if 
an  insane  prisoner  recovers  his  health  before  the  expiration  of  his  sen- 
tence he  is  returned  to  the  prison  from  which  he  came  to  complete  his 
sentence.  But  if  recovery  does  not  take  place  until  after  the  expira- 
tion of  the  time  of  sentence  he  is  then  set  free.  Figures  furnished  by 
M.  Monod,  of  Paris,  showed  that  in  the  period  of  five  years  from  1886- 
1890,  600  criminals  escaped  condemnation  on  the  ground  of  insanity. 
It  also  appears  that  insanity  among  the  prison  population  is  much 
greater  than  it  is  outside.  -The  percentage  of  the  insane  in  the  free  pop- 


44  FIFTH    INTERNATIONAL   PRISON    CONGRESS. 

ulation  of  France  in  1886  was  0.40 ;  in  the  prison  population,  4.26.  In 
1887  the  figures  stood  0.39  in  the  free  population  to  2.94  in  prison;  in 
1888,  0.39  to  4.01 ;  and  in  1889,  0.42  to  4.07. 

Resolution : 

In  calculating  the  duration  of  the  imprisonment  of  criminals  afflicted 
with  mental  alienation,  the  time  spent  in  an  asylum  for  the  insane,  or 
in  insane  wards  of  prisons,  should  be  reckoned  as  part  of  a  prisoner's 
sentence.  If  the  laio  grants  a  reduction  of  the  time  of  imprisonment 
fixed  by  the  sentence  on  condition  that  it  shall  be  served  in  solitary 
confinement,  the  Congress  is  of  the  opinion  that  the  insane  prisoner 
should  continue  to  profit  by  this  privilege  even  though  during  his 
dementia  he  has  been  placed  under  a  congregate  regime. 

The  Congress  is  of  the  opinion  that  in  the  programme  of  the  second 
section  of  the  Sixth  Congress  the  two  following  questions  shall  be 
included: 

1.  What  rule  shall  be  adopted  to  insure  the  possibility  of  permanent 
medical  supervision  of  the  mental  state  of  prisoners  ? 

2.  How  should  asylums  or  quarters  for  insane  prisoners  be  organ- 
ized so  that  the  exigencies  of  treatment  may  be  combined  icith  repression 
of  crime  f 

PHYSICAL,   EXERCISE  IN  PRISONS. 

Ninth  Question: 

Has  sufficient  account  been  taken  thus  far  in  Ihe  regime  of  prisons 
of  the  influence  of  physical  exercise  with  reference  to  the  reformation 
of  prisoners  f 

This  question  received  more  attention  in  the  preliminary  reports  than 
in  the  discussions  of  the  Congress.  M.  Bailly,  director  of  the  Central 
Prison  of  Gand,  Belgium,  maintained  that  sufficient  attention  has  not 
been  paid  to  physical  exercises.  One  reproach  passed  upon  all  prison 
systems,  whether  separate  or  congregate,  has  been  that  they  have  a 
debilitating  effect  upon  the  organism  of  the  prisoner.  This  result  has 
been  attributed  by  some  to  the  lack  of  alimentation,  by  others  to  the 
deprivation  of  liberty  or  to  the  absence  of  ventilation.  There  are  those 
who  maintain  that  this  debilitating  action  is  more  apparent  than  real, 
and  that  it  is  to  be  traced  to  the  low  organization  of  the  prisoner.  M. 
Bailly  proposed  a  system  of  gymnastics  which  could  be  applied  with- 
out the  establishment  of  a  gymnastic  hall  in  prisons,  but  by  means 
of  exercises  simple  and  practicable.  Dr.  Baer,  physician  in  chief  of 
the  prison  at  Plotzensee,  Prussia,  maintains  that  we  have  not  sufficient 
information  as  yet  to  make  a  just  comparison  between  the  health  of 
prisoners  in  the  penitentiaries  of  different  countries,  and  above  all  to 
compare  the  health  of  prisoners  with  that  of  the  free  population.  But 
he  concludes  that  the  mortality  of  prisoners  is  determined  by  two 
factors— first,  the  regime  of  the  prisons,  and  secondly,  the  organic 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  45 

peculiarities  of  the  social  class  which  furnishes  the  larger  number  of 
prisoners.  The  great  majority  of  the  prison  population  is  composed 
of  individuals  belonging  to  the  most  indigent  classes,  whose  mortality 
is  higher  than  amoug  the  more  prosperous  classes.  Nevertheless,  the 
sentence  of  imprisonment  involves  elements  pernicious  to  health. 

Attention  was  called  by  M.  Kazarine,  of  St.  Petersburg,  to  the 
gymnasium  and  physical  exercises  conducted  at  the  Elmira  Reform- 
atory, New  York,  as  well  as  to  the  military  regime  established  there. 
With  the  exception  of  the  Elmira  Reformatory,  physical  exercises  in 
nearly  all  prisons  are  confined  to  the  promenade  and  the  movements 
necessary  to  the  execution  of  the  hand  labor  of  the  prisoner.  M.  Kaza- 
rino  recommended  recourse  to  appropriate  physical  exercises.  M. 
Gramaccini  believed  the  best  exercise  was  obtained  in  work  at  differ- 
ent trades.  Dr.  Curti,  director  of  the  penitentiary  of  Zurich,  also 
believed  that  the  activity  of  the  muscles  should  be  developed  through 
labor,  and  that  care  should  be  taken  in  introducing  prison  industries 
to  consider  their  sanitary  effect.  In  establishing  a  penitentiary  a  suf- 
ficient quantity  of  land  should  be  obtained  to  conduct  some  forms  of 
agricultural  labor,  or  if  this  is  not  always  practicable  a  penal  colony 
may  be  founded  where  prisoners  adapted  to  that  work  can  devote  them- 
selves to  agriculture  for  a  longer  or  shorter  time.  There  were  other 
advocates  of  physical  culture.  But  M.  Stevens,  of  Brussels,  maintained 
that  sufficient  account  was  already  taken  of  physical  exercises  in  the 
regime  of  prisons  and  that  it  is  not  desirable  to  increase  it. 

The  question  was  carried  into  the  general  assembly,  where  the  follow- 
ing resolution  was  passed : 

Resolution : 

It  is  desirable  that  icorlc  rather  than  gymnastics  should  be  relied 
upon  in  the  reformation  of  prisoners. 

A  proposition  by  M.  Kazarine  that  owing  to  the  interest  which  the 
question  of  physical  exercises  has  awakened,  and  notably  in  America 
in  the  Elmira  Reformatory,  this  question  be  inscribed  on  the  programme 
of  the  next  Congress,  was  passed  by  a  large  majority. 

AMERICAN  PRISON   SYSTEMS  BY  GEN.  R.  BRINKERHOFF. 

At  the  general  session  of  the  Congress  held  in  the  Sorbonne  July  8, 
1895,  Gen.  R.  Brinkerhoif,  of  Mansfield,  Ohio,  president  of  the  Ameri- 
can delegation,  gave  the  following  address : 

I  have  been  requested  by  the  general  secretary  of  the  Congress,  Dr. 
Guillaume,  to  give,  on  behalf  of  the  American  delegation,  a  brief  account 
of  the  reformatory  methods  peculiar  to  our  country,  and  especially  of 
the  Elmira  system,  which  is  now  being  extended  rapidly  to  all  our 
States. 

Curiously,  the  three  great  prison  systems  of  the  world  originated  in 
America. 


46  FIFTH   INTERNATIONAL   PRISON   CONGRESS. 

(1)  The  separate  system,  which  has  been  so  eloquently  advocated  in 
this  Congress,  and  so  largely  adopted  in  Europe,  had  its  beginning  in 
Philadelphia  over  sixty  years  ago.    It  still  exists  there,  and  is  admira- 
bly administered,  but  it  has  been  abandoned  in  all  other  prisons  in  our 
country.    We  do  not  believe  in  it,  except  for  prisoners  awaiting  trial, 
and,  to  a  very  limited  extent,  in  exceptional  cases,  for  others. 

(2)  The  congregate  system  of  associated  labor  by  day  and  cellular 
separation  by  night  had  its  origin  in  Auburn,  N.  Y.,  over  fifty  years 
ago,  and  is  now  universal  in  America  for  all  life  prisoners,  and  for 
recidivists  and  iucorrigibles. 

(3)  The  Elmira  system  is  based  upon  the  indeterminate  sentence  and 
conditional  liberation.    Such  liberation  is  known  as  a  parole,  which  is 
obtained  through  a  marking  system  of  merits  and  demerits,  and  a 
progressive  classification. 

This  system  is  applied  only  to  young  men  under  30  years  of  age,  and 
convicted  of  felony  for  the  first  time.  It  had  its  beginning  at  Elmira, 
N.  Y.,  in  1876,  under  the  administration  of  that  prince  of  penologists, 
Mr.  Z.  R.  Brockway,  and  its  results  everywhere  have  been  exceedingly 
satisfactory,  and  results,  after  all,  are  the  crucial  test  of  any  system. 

Elmira  now  has  over  1,200  prisoners,  which  is  400  more  than  any 
reformatory  prison  ought  to  have,  and  for  ten  years  past  it  has  had 
over  800,  and  yet  a  careful  record  of  all  prisoners  discharged  shows 
that  of  the  whole  number  82  per  cent  reestablished  themselves  in  society 
as  honest  and  respectable  citizens. 

The  methods  of  administration  by  which  these  results  were  attained 
I  will  not  now  attempt  to  present  for  the  reason  that  we  have  with  us 
Maj.  E.  W.  McClaughry,  of  Illinois,  who  has  had  large  experience  in 
the  administration  of  the  Elmira  system,  and  also  of  the  Auburn  sys- 
tem, who  will  follow  me  on  this  platform  with  a  brief  statement  and  will 
answer  all  questions  you  may  care  to  propound  to  him  in  regard  to  it. 

The  prisons  of  the  United  States,  so  far  as  I  have  been  able  to  com- 
pare them  with  those  of  Europe,  stand  well.  In  dealing  with  short 
term  prisoners,  and  with  prisoners  awaiting  trial,  and  also  in  dealing 
with  discharged  prisoners,  Great  Britain  and  Ireland  are  far  ahead 
of  us,  but  beyond  that  we  are  not  afraid  to  invite  comparison,  and  in 
some  respects  I  think  we  are  in  advance. 

In  Europe  deterrence  and  repression  seem  to  be  the  dominant  ideas 
in  dealing  with  the  criminal  classes,  but  with  us  they  are  reformation 
and  prevention.  We  have  repudiated  the  lex  talionis  idea  of  an  eye 
for  an  eye  and  a  tooth  for  a  tooth.  In  the  days  of  Moses,  under  the 
conditions  then  existing,  it  doubtless  was  the  best  system  attainable, 
but  we  of  this  day  and  generation  are  living  in  the  Christian  era,  under 
the  teachings  of  the  Divine  Xazarine,  in  which  love,  and  not  hate,  is 
the  governing  idea. 

In  dealing  with  criminals,  therefore,  the  dominant  idea  in  America 
is  the  protection  of  society,  and  any  infliction  upon  a  prisoner  with  any 
other  motive  in  view  is  an  outrage  upon  the  inalienable  rights  of  man. 


FIFTH   INTERNATIONAL    PRISON   CONGRESS.  47 

We  believe  in  deterrence  by  severity  also,  if  that  alone  will  protect 
society,  and  therefore,  in  Ohio,  when  a  man  is  convicted  for  a  third 
time  for  a  felony  we  adjudge  him  an  habitual  criminal,  and  send  him 
to  prison  for  life.  So  also  for  misdemeanants,  who  are  mostly  chronic 
drunkards,  we  have  recently  enacted  a  law  which  provides  for  a  first 
offense  a  penalty  in  the  discretion  of  the  court;  for  a  second  offense 
the  penalty  must  be  double  that  of  the  first;  for  a  third  offense  a 
penalty  double  that  of  the  second;  and  for  a  fourth  offense,  imprison- 
ment for  three  years,  with  the  privilege  of  parole  for  good  conduct. 

Upon  the  whole,  however,  we  believe  that  prevention  and  reforma- 
tion are  the  roads  we  must  travel  if  we  are  to  make  any  large  progress 
in  the  reduction  of  crime.  Therefore  we  are  adopting  the  Elmira 
system  for  the  reformation  of  adult  criminals,  industrial  training  for 
juvenile  offenders,  and  the  probation  system  for  misdemeanants  con- 
victed of  a  first  offense. 

For  juvenile  offenders  we  now  have  about  seventy  reformatories  or 
industrial  schools,  as  they  are  usually  called,  from  which  the  graduates 
average  fairly  as  good  citizens  as  those  from  our  public  schools. 

But  more  than  all  these,  we  believe  in  prevention,  by  giving  to  all 
children  in  our  common  schools  an  education  of  the  hand  and  heart 
equally  with  the  head.  We  believe  also  that  the  State  should  supple- 
ment the  public  schools  with  the  kindergarten,  for  the  training  of  the 
children  under  6  years  of  age. 

Do  this,  and  the  tide  of  crime,  which  is  steadily  rising  in  most 
countries,  will  begin  to  recede,  and  we  shall  enter  a  new  and  better 
era  of  the  world's  history. 

Following  General  Brinkerhoff,  Maj.  B.  W.  McClaughry,  superin- 
tendent of  the  State  reformatory,  Illinois,  made  additional  remarks 
on  the  reformatory  system  in  the  United  States. 

THE  REFORMATORY  SYSTEM  BY  R.  W.  M'CLAUGHHY. 

Crime  in  the  United  States  of  America  presents  many  great  and 
important  problems.  Where  the  individual  citizen  is  so  prominent  a 
factor  in  the  Government  as  he  is  in  our  country  his  relation  to  that 
Government  and  its  laws  must  always  be  a  question  of  first  importance. 

In  most  of  the  States  of  the  Union  imprisonment  for  felony  deprives 
the  prisoner  after  his  release  of  the  right  to  vote  for  officers  of  the 
Government  or  members  of  the  lawmaking  power,  but  this  deprivation 
is  not  counted  by  the  offender  as  a  severe  penalty,  because  he  can  easily 
remove  from  the  State  in  which  he  lost  his  citizenship  to  another  and 
there  resume  the  privilege  of  voting  without  danger  of  being  disturbed 
in  it.  This  condition  of  things,  however,  tends  to  breed  a  class  of 
citizens  who  are  in  sympathy  with  crime,  who  encourage  criminality, 
though  possibly  no  longer  actively  engaging  in  crime  themselves,  and 
who,  together  with  the  active  criminals,  form  what  is  known  as  the 
crime  class.  It  is  estimated  that  this  class  numbers  half  a  million  in 


48  FIFTH    INTEKNATIONAL    PRISON    CONGRESS. 

the  United  States,  and  that  not  more  than  one  hundred  thousand  of 
them  are  in  the  different  prisons  or  in  any  kind  of  duress. 

Foreseeing  the  evils  which  must  result  from  so  conducting  our  penal 
systems  as  to  leave  the  inmates  released  from  our  prisons  permanent 
enemies  of  society,  many  of  our  best  citizens  have  long  striven  to  bring 
about  reform  in  the  management  of  our  prisons  as  well  as  in  the  admin- 
istration of  our  criminal  laws.  For  more  than  one  hundred  years  the 
Pennsylvania  Prison  Association,  which  was  called  at  the  date  of  its 
organization  "An  association  for  the  alleviation  of  the  miseries  of 
public  prisons,"  has  occupied  a  prominent  position,  and  has  greatly 
influenced  legislation,  not  only  in  Pennsylvania,  but  in  many  other 
States  of  the  Union.  The  efforts  of  the  late  Dr.  E.  C.  Wines,  which 
resulted  in  the  organization  of  the  National  Prison  Association,  did 
very  much  to  awaken  inquiry  and  arouse  public  sentiment,  not  only  as 
to  the  condition  of  the  prisons  and  jails  of  the  United  States,  but  also 
as  to  the  effect  of  imprisonment  itself  upon  those  who  must  return 
after  their  release  from  prison  to  society,  to  be  either  helpful  or  hurtful 
members  of  it. 

For  more  than  a  quarter  of  a  century  the  National  Prison  Associa- 
tion has  been  engaged  in  this  work,  by  annual  meetings,  discussions, 
and  publication  of  papers  and  addresses.  The  more  these  questions 
were  discussed,  the  greater  has  become  the  dissatisfaction  with  that 
feature  of  the  old  prison  system  under  which  offenders  were  sentenced 
to  prison  for  a  definite  number  of  years.  In  many  States  of  the  Union 
the  jury  of  twelve  men,  which  decides  upon  the  guilt  or  innocence  of  the 
person  charged  with  crime,  has  also  the  power  to  fix  his  sentence  if  he 
is  found  guilty.  As  a  result,  local  prejudice  concerning  different  kinds 
of  crime  is  always  shown,  more  or  less,  in  the  findings  of  the  jury. 
For  example,  in  sections  where  the  means  of  transportation  are  primi- 
tive and  limited,  the  stealing  of  horses  or  beasts  of  burden  is  punished 
savagely  by  the  jury ;  much  more  so  than  crimes  which  are  considered 
more  serious  in  communities  where  railroads  abound.  Thus,  States 
which  extend  through  several  degrees  of  latitude,  the  different  parts 
of  which  are  settled  by  people  of  widely  divergent  social  ideas  and 
customs,  frequently  present  very  striking  examples  of  inequalities  of 
sentences  when  they  have  been  fixed  by  juries.  The  injustice  of  such 
a  system  is  painfully  apparent  iu  the  penitentiary  of  the  State,  to 
which  all  these  offenders  are  sent.  The  power  of  the  executive  to  par- 
don or  commute  is  constantly  appealed  to,  in  order  to  equalize,  to  some 
extent,  the  unequal  penalties  thus  inflicted.  If  this  power  is  exercised 
to  any  great  extent,  it  results  in  such  severe  criticism  of  the  executive  as 
tends  to  beget  contempt  for  the  law  of  which  he  is  the  representative. 

The  constant  discussion  of  these  questions  resulted  in  the  establish- 
ment, nearly  twenty  years  ago,  in  the  State  of  New  York  of  a  prison 
which  is  called  a  State  Reformatory.  It  was  organized  and  is  governed  by 
Mr.  Z.  E.  Brockway.  who  is  justly  considered  one  of  the  foremost  penol 
ogists  in  America.  To  this  prison  are  committed  persons  under  the 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  49 

age  of  30  years,  who  have  been  convicted  of  felonies.  Xo  limit  is  fixed 
to  the  sentence,  save  that  it  may  not  exceed  the  maximum  term  of 
years  fixed  by  law  for  the  crime  of  which  the  party  has  been  convicted. 
The  power  is  conferred  upon  the  board  of  managers  of  the  reformatory 
to  release  on  parole  whenever  suitable  employment  is  secured  for  him 
outside,  any  prisoner  who  has  given  satisfactory  evidence  to  the  author- 
ities that  he  is  able  and  willing  to  obey  the  law,  earn  his  living,  and 
become  a  good  citizen.  He  is  required  to  give  an  account  of  himself 
in  writing,  each  mouth,  to  the  governor  of  the  reformatory,  and  this 
account  must  be  indorsed  as  correct  by  his  employer.  For  any  viola- 
tion of  the  conditions  of  his  parole,  he  may  be  arrested  upon  warrant 
issued  by  the  reformatory,  returned  thereto,  and  required  to  serve  out 
so  much  of  the  remainder  of  his  sentence  as  the  authorities  deem  best. 
If  he  gives  satisfactory  evidence  while  serving  his  parole — which  is  in 
no  case  for  less  than  six  months— that  he  will  remain  at  liberty  with- 
out violating  the  law,  and  that  his  final  release  is  not  incompatible  with 
the  welfare  of  society,  it  may  be  granted. 

The  system  of  treatment  pursued  with  the  criminal  while  in  the 
reformatory  compels  the  study  of  him  in  his  social  condition  and  his 
human  relations.  Education  and  labor  form  important  parts  of  the  sys- 
tem. He  is  given  to  understand  that  he  can  not  be  sent  forth  into 
society  until  his  antagonism  to  it  shall  have  ceased,  and  he  shall  have 
developed  the  ability  and  purpose  to  become  a  good  citizen.  Schools 
of  letters  and  of  trade  instruction  are  important  factors  in  the  work  of 
the  reformatory.  Instruction  in  ethics,  as  well  as  in  those  fundamental 
principles  of  religion  which  are  everywhere  recognized  as  the  founda- 
tion of  social  order,  is  regularly  given.  In  all  this  work  there  is  no 
relaxation  of  necessary  discipline.  In  fact,  the  discipline  in  the  reform- 
atory is  more  severe  than  in  the  penitentiary.  Old  habits,  tastes,  and 
associations  must  be  changed  before  the  inmate  can  be  pronounced  fit 
to  be  again  a  member  of  society.  When  the  inmate  finds  that  his  free- 
dom depends  upon  his  fitness  for  freedom  he  begins  to  study  the  things 
which  make  for  that  end,  and  the  efforts  he  puts  forth,  when  properly 
encouraged  and  directed,  make  of  him,  finally,  and  in  a  majority  of 
cases,  a  very  different  individual  from  the  one  received,  under  his  name 
and  number,  into  the  reformatory. 

The  result  of  this  experiment  in  America  has  been  all  that  its  advo- 
cates expected,  though  not  all  that  they  hope  to  accomplish.  The  care- 
fully ascertained  percentage  of  reformation  has  been  sufficiently  large 
to  warrant  the  friends  of  the  system  in  urging  its  adoption  in  all  the 
States,  and  such  has  been  the  success  of  the  system  when  fairly  tried, 
that  it  is  believed  the  time  is  not  far  distant  when,  in  the  United 
States,  criminals  will  be  sent  to  reformatories  instead  of  penitentiaries, 
just  as  our  insane  are  now  committed  to  our  great  hospitals — to  be 
cured,  if  possible;  if  not,  to  be  kept  in  such  humane  seclusion  as  will 
prevent  them  from  being  a  menace  to  society. 
S.  Doc.  181 4 


50  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

THIRD    SECTION. 

PREVENTIVE    MEANS. 

President:  M.  de  Latour,  general  secretary  to  the  minister  of  justice, 
Belgium. 

Vice-presidents:  Messrs.  Privy-Councilor  von  Bernewitz,  Saxony; 
Marumo,  Japan;  Professor  Nocito,  Italy;  General  Advocate  Slout- 
cliewsky,  Kussia;  Attorney  -  General  Smedal,  Norway;  Professor 
Typaldo-Bassia,  Greece  Inspector-General  Simon  Van  der  Aa,  Hol- 
land; Provincial  Councilor  Van  der  Veken,  Belgium;  Minister  Van- 
nerus,  Luxemburg;  Ministerial  Councilor  Weizsaeker,  Wurtemberg. 

Secretaries:  Messrs.  Brunot,  inspector-general  of  tlie  minister  of  the 
interior;  Albert  Riviere,  general  secretary  of  La  Societe  Generate  des 
Prisons. 

Assistant  secretaries:  Messrs,  von  Engelberg,  Baden;  Didiou,  Bel- 
gium; de  Kister  and  de  Chaverdow,  Russia;  Billecocq,  Drucker,  Gar- 
nier,  Laguesse,  Morgat. 

Having  but  rive  questions  to  consider  instead  of  nine,  as  in  the  pre. 
vious  section,  the  third  section  was  able  to  devote  more  time  to  each 
subject  referred  to  it.  Many  of  the  most  distinguished  delegates 
engaged  in  the  discussions. 

SUPERVISION   OF    DISCHARGED   CONVICTS. 

First  Question : 

What  measures  shall  be  taken  to  prevent  prisoners  from  wasting 
their  accumulations  on  discharge,  and,  because  without  resource,  fall- 
ing again  into  crime? 

Voluminous  reports  were  presented  upon  this  subject  from  various 
countries.  The  United  States,  however,  was  not  represented  among 
them.  But  there  is  no  country  in  which  the  question  of  the  care  of 
discharged  prisoners  needs  to  be  more  earnestly  considered  than  in 
our  own.  In  this  respect  we  are  distinctly  behind  many  countries  of 
Europe.  The  Secretary  of  the  United  States  delegation  having  made 
during  this  and  a  previous  visit  to  Europe  a  special  study  of  methods 
of  aiding  discharged  convicts,  has  presented  the  result  of  these  obser- 
vations and  inquiries  in  a  special  paper  in  the  second  part  of  this 
report. 

As  remarked  on  a  previous  page,  it  is  customary  very  generally  in 
Europe  to  assign  a  portion  of  the  prisoner's  earnings  to  him,  part  of 
which  constitutes  a  reserve  fund  against  the  day  of  his  discharge.  The 
question  of  how  the  sum  shall  be  administered  on  his  release — whether 
it  shall  be  given  to  the  prisoner  directly  or  placed  in  the  hands  of  the 
mayor  or  some  public  functionary,  held  by  a  patron  appointed  for  the 


FIFTH    INTERNATIONAL   PRISON   CONGRESS.  51 

prisoner,  or  put  in  the  hands  of  some  society  for  discharged  prisoners- 
excited  much  discussion;  but  as  these  various  methods  are  considered 
in  the  special  paper  referred  to,  they  are  not  summarized  here. 

The  following  vote  taken  by  the  section  was  reaffirmed  by  the  general 
assembly : 

^Resolution : 

1.  It  is  desirable  that  the  prisoner  should  not  have  at  his  discharge 
the  free  disposition  of  his  reserve. 

2.  The  Congress  holds  that  the  prisoner's  accumulation  should  be 
committed  (whenever  its  importance,  the  morality  of  the  person  lib- 
erated, or  other  circumstances  justify  a  measure  of  this  kindj  to  a 
sailings  bank,  to  an  authority  of  the  place  where  the  discharged  pris- 
oner settles,  to  a  society  of  patronage  offering  all  the  necessary  guar- 
anties, or  to  persons  approved  by  the  administration,  to  be  remitted 
to  Mm  according  to  his  needs. 

3.  The  Congress  expresses  the  opinion,  moreover,  that  among  these 
methods  preference  should  be  given  to  the  intervention  of  societies  of 
patronage. 

PRISON  SCHOOLS,  LIBRARIES,  AND  JOURNALS. 

Second  Question : 

How  should  prison  schools  and  libraries  be  organized  so  that  they 
may  truly  benefit  prisoners  whether  awaiting  trial  or  under  sentence? 
Is  it  well  to  put  into  the  hands  of  prisoners  periodicals  and  other 
publications  especially  prepared  for  them? 

Nine  reporters,  representing  Italy,  Belgium,  England,  Portugal, 
Switzerland,  and  France,  wrote  on  this  subject. 

M.  Jules  Steeg,  inspector-general  of  public  instruction  of  Paris, 
showed,  by  facts,  figures,  and  arguments,  the  value  of  prison  libraries 
and  schools.  Statistics  show  that  as  the  number  of  the  illiterate  dimin- 
ishes in  France  the  diminution  is  seen  also  among  prisoners.  A  study 
of  the  statistics  relating  to  schools  in  the  Central  prison,  shows  that 
out  of  4,442  prisoners  3,G67  had  profited  by  instruction  in  prison 
schools.  It  had  been  found  that  775  did  not  profit  much  by  it,  except 
perhaps  in  being  able  to  retain  the  little  they  knew  on  entering  prison. 
In  the  prisons  for  women,  judged  by  the  examinations,  75  per  cent 
have  profited  by  instruction.  Taking  the  prisons  as  a  whole,  if  the 
schools  appear  to  be  of  little  value  to  40  out  of  100,  they  at  least  profit 
(JO  out  of  100,  and  that  is  a  result  well  worth  obtaining.  Many  who 
are  illiterate  are  taught  to  read,  write,  and  calculate.  In  institutions 
where  prisoners  aie  committed  for  short  sentences,  there  is  less  oppor- 
tunity for  schools  to  do  their  work;  but  even  here  they  may  be  of  great 
value.  In  establishments  distinctly  reformatory  and  correctional,  the 
school  must  be  the  center.  It  is  not  an  accessory,  not  even  an  auxiliaiy ; 


52  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

it  is  an  instrument  to  which  everything  else  should  contribute.  The 
correctional  establishments  for  the  young  in  France  contain  5,000  boys 
and  about  1,000  girls.  Whether  by  reason  of  their  age  or  by  reason  of 
the  state  of  neglect  in  which  they  are  found,  35  out  of  100  boys  comp 
there  absolutely  illiterate,  and  50  out  of  100  girls.  The  schools  in 
these  institutions  should  be  as  good  as  those  of  the  public  primaries, 
and  they  should  be  submitted  to  frequent  and  vigilant  inspection.  The 
prison  library  is  the  natural  complement  of  the  school.  It  should  be 
developed  and  improved.  The  books  most  sought  are  books  of  travel 
and  adventure,  novels,  and  tales.  A  small  number  choose  scientific 
works.  Works  on  religion,  morals,  and  political  and  social  economy 
are  passed  by. 

M.  F.  Thiry,  professor  of  the  University  of  Liege,  admitted  the  excel- 
lent counsel  furnished  by  chaplains  and  directors,  but  maintained  that 
it  is  insufficient.  They  are  regarded  as  official  agents  of  the  institution 
in  which  they  are  confined,  and  do  not  always  inspire  confidence.  The 
best  means  of  conveying  moral  instruction  given  by  persons  not  con- 
nected with  the  prison  consists  in  lectures  to  the  prisoners  by  members 
of  the  committee  of  patronage  attached  to  many  European  prisons. 

M.  Louis  Riviere  proposed  the  establishment  of  a  special  journal  for 
prisoners. 

M.  Brunot  called  attention  to  the  great  precautions  that  should  be 
taken  in  conducting  such  a  journal. 

M.  Albert  Riviere  said  that  no  one  dreamed  of  introducing  the  lib- 
erty of  the  press  into  prisons.  He  proposed  a  journal  under  the  con- 
trol of  the  prison  administration,  the  articles  to  be  written  by  ministers 
of  different  religions,  by  prison  officials,  members  of  prisoners'  aid  so- 
cieties, professors,  and  magistrates  of  places  near  the  prison.  Several 
publications  of  that  kind  were  noted  in  Russia,  in  Switzerland,  and 
America.  The  Summary  of  Elmira  Reformatory  was  mentioned  as  the 
work  of  prisoners  themselves. 

Representatives  from  Belgium  and  Italy  showed  the  utility  of  lectures 
given  by  persons  not  connected  with  the  administration.  The  corre- 
spondence of  prisoners  showed  the  value  of  the  impression  produced. 

Resolutions : 

1.  Schools  ought  to  be  so  organized  as  to  be  equally  useful  to  prison- 
ers accused  or  condemned,  who  are  illiterate,  and  to  those  who  have 
already  had  some  instruction.     They  ought  not  only  to  furnish  instruc- 
tion in  the  branches  of  knowledge  in  which  prisoners  are  lacking,  but 
also  appropriate  moral  education.     That  instruction,  without  tcound- 
ing  the  religious  beliefs  of  any  prisoner,  ought  to  be  penetrated  by  a 
religious  spirit — an  indispensable  element  in  moral  culture. 

2.  Prison  libraries  having  for  their  principal  end  the  instruction  and 
moral  culture  of  prisoners  should  be  organized  in  the  same  spirit. 
They  should  contain,  in  addition  to  moral  and  religious  ivories,  inter- 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  53 

esting  books  of  travel,  the  best  novels,  and  illustrated  publications. 
The  establishment  and  constitution  ofthexe  libraries  depend  upon  the 
prison  administration,  which  may  accept  the  aid  of  individuals  or  of 
associations,  especially  in  procuring  for foreign  prisoners  books  written 
in  their  oicn  language.  For  that  purpose,  there  is  ground  for  recom- 
mending an  exchange  of  books  and  other  publications  between  the 
administrations  of  different  countries. 

3.  It  would  be  well  to  put  into  the  hands  of  prisoners  a  special 
weekly  publication,  the  editorship  of  which  should  be  controlled  by  the 
administration. 

IRRESPONSIBLE   DELINQUENTS. 

Third  Question : 

What  measure  should  be  taken  in  the  interest  of  social  security 
against  irresponsible  delinquents,  or  against  those  ichose  responsibility 
is  diminished  at  the  moment  of  the  crime  or  the  offense  by  mental 
alienation  f 

Five  reports  were  written  upon  this  important  question — some  by 
doctors,  others  by  lawyers — combining  the  legal  and  medical  views. 
A  large  number  of  crimes  to-day  are  committed  by  those  who  are  not 
responsible,  or  whose  responsibility  is  diminished  when  the  act  is  com- 
mitted. Society,  said  Dr.  Motet,  may  not  punish  criminals  who  are  not 
guilty,  but  it  is  its  duty  to  take  precautions  to  prevent  them  from  doing 
harm.  He  proposed  the  organization  of  establishments  intermediary 
between  the  prison  and  the  asylum,  where  such  persons  could  be  put 
under  surveillance. 

In  a  previous  section  the  question  what  should  be  done  with  crimi- 
nals who  become  insane  during  imprisonment  was  considered.  The 
present  question  relates  to  those  who  are  insane  when  they  commit  the 
crime. 

Other  specialists  opposed  the  establishment  of  special  asylums  for 
such  persons,  and  some  discussion  took  place  as  to  the  part  magistrates 
and  doctors  should  have  in  the  responsibility  of  disposing  of  such  delin- 
quents. But  the  following  resolutions  were  passed : 

Resolutions : 

1.  The  International  Penitentiary  Congress  is  of  the  opinion  that 
special  asylums  or  quarters  ought  to  be  assigned  for  the  confinement,  by 
virtue  of  some  judicial  decision,  of  the  insane  prosecuted  or  condemned 
by  a  court  and  acquitted  by  reason  of  their  mental  state. 

2.  There  is  reason  for  adopting  the  principle  of  the  triple  interven- 
tion (a)  of  judicial  authority;    (b)  administrative  authority;   (c)  and 
of  the  doctors  of  the  asylum  in  authorizing  the  discharge  of  such 
prisoners. 


54  FIFTH    INTERNATIONAL   PRISON    CONGRESS. 

VAGRANCY. 

Fourth  Question : 

Would  not  the  indefinite  confinement  in  houses  of  industry  of  adult 
vagrants  in  a  state  of  chronic  pauperism  be  preferable  to  condemna- 
tions to  definite  periods  f 

The  relation  between  this  question  and  that  of  No.  6  in  the  first  sec- 
tion decided  the  committee  on  organization  that  the  two  sections  should 
join  together  and  discuss  the  subject  in  the  grand  amphitheater  of  the 
Sorboime.  Eleven  reporters  presented  monographs  upon  this  impor- 
tant question  showing  the  method  of  dealing  with  vagrancy  in  differ- 
ent countries.  Mention  was  made  of  the  creation  in  Switzerland  of 
special  shelter  stations  and  lodging  places;  the  agricultural  colonies  iu 
Germany  under  Pastor  Bodelschwiugh;  the  colonies  of  Holland;  the 
efforts  in  France  made  by  M.  Jules  Simon,  Pastor  Robin,  and  M.  Lefevre, 
and  of  the  enactment  of  the  Belgian  law  of  November  22,  1891,  due  to 
the  efforts  of  that  great  humanitarian,  M.  Lejeune.  This  law  contains 
remarkable  provisions  for  the  repression  of  vagrancy  and  of  mendicity 
in  children.  After  a  long  discussion,  the  most  important  points  devel- 
oped were  embodied  in  the — 

Resolutions: 

1.  Society  has  the  right  to  take  measures  icliicli  may  even  be  coercive 
for  social  preservation  against  mendicants  and  vagrants.     With  this 
right  goes  the  corresponding  duty  of  organizing  public  assistance,  pri- 
vate aid,  and  patronage. 

2.  Mendicants  and  vagrants  may  be  treated  differently  according  as 
they  are — 

(a)  Indigent  or  infirm  invalids; 

(b)  Accidental  mendicants  or  vagrants; 

(c)  Professional  mendicants  or  vagrants. 

The  first  ought  to  be  assisted  so  long  as  they  have  not  the  necessary 
strength  to  obtain  the  means  of  subsistence. 

The  second,  depending  upon  public  or  private  assistance,  should  be 
collected  in  refuges  or  shelter  stations,  methodically  organized,  where 
work  is  obligatory. 

The  third  ought  to  be  the  object  of  repression  severe  enough  to  prevent 
relapse. 

3.  The  most  effective  method  against  professionals  is  a  sentence  to 
prolonged  confinement  in  special  labor  colonies.  The  inmates  should  be 

liberated  when,  by  reason  of  their  amendment  or  by  reason  of  their 
probable  reestablishment  in  society,  their  detention  does  not  appear  to 

be  longer  necessary. 

Work  in  these  colonies  ought  to  be  regarded  not  only  as  a  means  of 
repression,  but,  above  all,  as  a  factor  in  reformation. 

(These  resolutions  apply  also  to  question  6  of  the  first  section.) 


FIFTH    INTERNATIONAL    PRISON   CONGRESS.  55 

INTEMPERANCE. 

Fifth  Question: 

With  reference  to  the  prevention  of  drunkenness,  what  are  the 
advantages  of  axylums  for  the  curative  treatment  of  inebriates;  and 
ic  hat  are  the  results  obtained  in  these  establishment*? 

But  two  reporters  wrote  on  this  important  question,  namely,  Professor 
Dyincha,  of  St.  Petersburg,  and  Dr.  Magnan,  chief  physician  of  the 
asylum  of  St.  Anne,  Paris.  Each  of  these  gentlemen  treated  the  -ub- 
ject  historically,  and  much  information  was  presented  in  regard  to 
methods  in  different  countries  for  the  prevention  of  intemperance. 
Professor  Dymcha  showed  that  the  science  of  penal  law  is  far  from 
having  indicated  clearly  the  means  of  preventing  the  crimes  and  rav- 
ages which  accompany  intemperance.  There  was  a  time  when  penal 
laws  attacked  individual  liberty  and  punished  the  immoderate  use  of 
spirituous  liquors  independently  of  the  consequences  of  drunkenness. 
But  now  the  law  does  not  generally  chastise  drunkenness  itself;  it 
demands  the  presence  of  other  circumstances — disorder  on  the  streets, 
the  dangers  of  public  security,  etc.  The  French  law  of  1887  punishes 
even  the  fact  of  being  found  in  a  state  of  drunkenness  in  a  public  place, 
but  most  of  the  codes  connect  drunkenness  in  some  way  with  disorder. 
Professor  Dymcha  showed  by  facts  and  statistics  the  obligation  the 
State  is  under  to  take  part  in  the  battle  against  intemperance.  Ele 
referred  to  the  results  which  had  been  achieved  in  Norway  by  a  com- 
bination of  society  and  the  State. 

While  Professor  Dymcha  brought  out  the  legal  aspects  of  the  ques- 
tion and  favored  the  establishment  of  asylums  to  which  inebriates  might 
be  legally  committed,  Dr.  Magnan  treated  the  subject  largely  from  a 
medical  point  of  view.  He  showed  the  great  increase  of  alcoholism  in 
France  in  nineteen  years,  and  pointed  out  the  terrible  results  in  idiotic, 
degenerate,  epileptic,  and  perverse  children.  He  gave  a  history  of  the 
development  of  asylums  for  the  treatment  of  intemperance  in  the  United 
States,  going  back  to  the  work  of  Dr.  Benjamin  Rush,  of  Philadelphia, 
in  1804,  and  showing  the  development  of  institutions  at  Binghamton, 
N.  Y.,  in  Massachusetts,  Connecticut,  Chicago,  and  elsewhere.  Estab- 
lishments have  been  founded  in  England,  Switzerland,  Germany,  and 
in  other  countries.  The  history  of  the  temperance  movements  in  various 
lands  and  of  the  organization  of  societies  to  combat  the  evil  was  also 
detailed.  Dr.  Magnau  believed  that  these  institutions  are  excellent, 
but  they  need  to  be  supported  by  temperance  societies,  temperance 
cafes,  and  other  moral  influences,  and  by  legislation  restricting,  regu- 
lating, and  supervising  the  production  of  alcoholic  liquors. 

Senator  Zakrewski,  of  Russia,  gave  information  concerning  the  monop- 
oly of  the  liquor  traffic  which  Russia  has  already  established  in  four 
departments  since  the  1st  of  January,  1895,  and  which  will  be  extended 
to  other  portions  of  the  Empire.  This  step  will  involve  a  great  falling 


56  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

off  in  the  receipts  of  the  Government,  but  the  step  is  taken  from  moral 
considerations  only. 

Madam  Corroine  Eiotrovska  wished  to  prohibit  wholly  the  sale  of 
liquors,  as  in  some  States  of  the  United  States,  notably  the  State  of 
Maine. 

M.  Taverni  said  that  in  Sicily  there  are  many  crimes,  but  few  victims 
of  alcoholism.  Dr.  Magnan  replied  that  there  is  less  alcoholism  in  a 
country  where  they  drank  natural  wines,  but  in  Paris  it  was  otherwise. 
M.  Tarde  said  that  it  was  not  possible  to  exaggerate  the  influence  of 
alcohol  upon  crime.  The  result  of  the  discussion  was  thus  formulated. 

Kesolutions : 

The  Congress,  moved  by  the  gradual  increase  of  alcoholism — the 
principal  cause  of  which  is  the  consumption  of  nonrectified  spirits  or 
of  drinks  artificially  composed,  and  ichose  influence  is  seen  more  and 
more  every  day  in  the  development  of  criminality — is  of  the  opinion 
that  to  combat  this  scourge  the  public  authorities  should  combine  their 
action  with  that  of  free  association  for  prophylactic  and  therapeutic 
measures. 

Among  prophylactic  measures  the  Congress  recommends,  on  the  one 
hand,  the  regulation  of  taverns,  the  limitation  of  their  number,  the 
reduction  of  taxes  on  hygienic  drinks,  the  rectification  of  spirits  for 
industrial  uses;  on  the  other  hand,  it  recommends  temperance  unions, 
associations,  and  establishments,  and  the  propaganda  u'hich  they  may 
organize,  to  influence  manners  and  habits. 

From  a  therapeutic  point  of  view,  each  country  ought  to  establish 
inebriate  asylums,  in  which  labor  shall  be  well  organized;  their  num- 
ber to  be  determined  by  the  statistics  of  intemperance  in  each  region. 
Legislative  provisions  should  regulate  commitment  to  these  asylums 
according  as  the  inebriate  may  ask  to  be  treated,  or  shall  have  been 
the  subject  of  repeated  condemnations  for  drunkenness,  or  when  his 
habitual  drunkenness  shall  become  a  peril  to  himself  and  to  the  security 
of  others.  Discharge  from  these  establishments  should  be  likewise 
regulated  by  law. 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  57 

FOURTH    SECTION. 

CHILDREN    AND    MINORS. 

President:  Mr.  von  Jagemann,  minister  of  Baden  at  Berlin. 

Vice-presidents:  Messrs.  Councilor  Armengol  y  Cornet,  Spain; 
President  Canonico,  Italy;  Dr.  Dimitri  Drill,  Russia;  Councilor 
Fuchs,  Baden;  Privy  Councilor  Kapustine,  Russia;  Joao  da  Silva- 
Matos,  Portugal;  Director  Stockmar,  Switzerland;  Councilor  Thele- 
manii,  Bavaria;  Judge  Fekete  de  Nagyivany,  Hungary. 

Secretaries:  Messrs.  Vmcens,  chief  of  bureau  to  the  minister  of  the 
interior;  Passez,  solicitor  of  the  council  of  state  and  the  court  of 
cassation;  M.  Pichat,  auditor  of  the  council  of  stare. 

Associate  secretaries:  Mile.  Poet  Lydia,  doctor  of  law,  Italy;  M. 
Kazarine,  Russia;  M.  de  Westmann,  Russia;  M.  Nassey,  France. 

As  already  said,  the  fourth  section  was  a  new  department,  established 
the  first  time  at  this  Congress.  It  proved  to  be  one  of  the  most  popu- 
lar sections.  The  largest  hall  in  the  College  of  France  was  assigned 
to  it.  While  the  first  section  was  largely  composed  of  lawyers  and  the 
second  of  prison  officials,  the  fourth  section  was  more  general  in  its 
membership,  having  a  good  representation  of  the  bar,  the  clergy,  and 
of  prison  experts;  also  directors  of  educational  and  correctional  insti- 
tutions for  the  young,  Protestant  ministers,  Roman  Catholic  priests, 
Jewish  rabbis,  and  a  large  delegation  of  women.  Its  deliberations 
covered  eight  questions,  which  are  taken  up  in  detail. 

THE  LEGAL   AGE   OF  MINORITY. 

First  Question  : 

Is  it  desirable  to  extend  the  limit  of  penal  minority  for  boys  unto  the 
age  when  they  are  eligible  for  military  service?  By  penal  minority  is 
understood  the  period  during  which  the  judge  pronounces  an  acquittal 
for  lack  of  discernment  or  commits  to  an  establishment  for  correc- 
tional education. 

In  the  preliminary  reports  the  professors,  lawyers,  and  magistrates 
were  generally  in  favor  of  fixing  the  legal  age  of  minority  in  its  penal 
sense  at  18  years.  But  the  directors  of  colonies  and  correctional  insti- 
tutions for  the  young  were  alarmed  at  the  idea  of  being  forced  to  receive 
boys  from  16  to  18  years,  who  might  be  a  disturbing  element.  M.  Felix 
Voisiu,  the  general  reporter,  advocated  the  age  of  18.  The  reference  to 
military  service  in  the  question  was  dropped,  because  it  was  desirable 
to  apply  the  same  limit  to  girls  as  to  boys.  In  the  discussion  that  fol- 
lowed it  was  strongly  maintained  by  able  speakers  that  no  boy  or  girl 
should  be  considered  as  a  criminal  when  educational  discipline  will 
suffice  for  his  reformation.  It  was  urged  that  the  difference  between 


58  FIFTH    INTERNATIONAL    PRISON   CONGRESS. 

discernment  and  want  of  discernment  recognized  in  tbe  courts  ought 
to  be  removed  at  an  early  day.  The  judge  should  not  be  expected  to 
conduct  such  a  difficult  and  delicate  inquiry  in  which  the  only  guide 
for  his  judgment  must  be  the  witnesses  called  to  enlighten  him  upon 
tbe  character,  education,  and  intelligence  of  the  accused.  Witnesses 
are  often  embarrassed  in  choosing  between  the  good  inspirations  of 
their  hearts  and  their  sense  of  severity,  so  that  not  much  light  is  thrown 
upon  the  degree  of  discernment  or  responsibility  of  the  boy.  Up  to  a 
certain  age  all  this  question  of  precocity  or  discernment  should  be  set 
aside  and  the  only  questions  concerning  a  child  should  be  those  of  his 
education,  whether  in  a  family,  in  a  special  institution,  or  when  placed 
out  under  guardianship.  Penal  minority  means,  therefore,  that  period 
in  which  only  measures  of  education  are  taken  into  account.  When 
we  are  obliged  to  pronounce  sentences,  then  we  enter  into  the  period  of 
penal  majority.  But  at  what  age  shall  it  be  fixed?  Some  maintain  at 
the  age  of  16,  some  at  18. 

In  the  United  States,  children  are  guarded  in  a  number  of  States  by 
wise  laws  which  separate  them  from  older  criminals  and  commit  them 
to  educational  rather  than  penal  institutions.  In  other  States,  little 
attention  has  been  paid  to  classification,  and  young  boys  are  often  com- 
mitted to  prison  with  older  criminals. 

Eesolution : 

It  is  desirable  to  fix  the  limit  of  penal  minority  at  18  years,  on  con- 
dition that  children  sent  to  houses  of  correction  after  the  age  of  16 
shall  not  mingle  icith  the  others. 

GUARDIANSHIP  BY   THE   STATE. 

Second  Question : 

In  what  cases  should  the  right  of  guardianship  by  the  State  be  sub- 
stituted for  the  forfeiture  of  paternal  authority  f 

Is  it  desirable  in  all  circumstances  to  commit  to  criminal  tribunals 
the  determination  of  the  right  of  guardianship  f 

M.  Justin  De  Sanctis,  director  of  the  Institute  of  Paternal  Correction 
of  Pisa,  Italy,  while  he  felt  that  paternal  rights  should  not  be  forfeited 
except  in  grave  cases,  showed,  on  the  other  hand,  the  great  need  of  pro- 
tecting children  from  pernicious  counsels,  bad  examples,  occupations 
which  deform  their  bodies,  and  from  the  brutality  of  parents.  Aban- 
doned children  are  forced  into  thievery.  They  may  become  prostitutes 
or  murderers.  When  the  father  of  the  illtreated  child  is  reproached, 
he  falls  back  upon  his  paternal  right.  "  I  am  his  father,"  is  the  response 
of  a  man  who  wickedly  deals  his  children  cruel  blows,  sets  them  a  bad 
example,  and  uses  them  for  dishonest  gain.  The  children  who  should 
be  put  under  the  guardianship  of  the  State  are  the  abandoned,  the  mal- 
treated, and  those  that  are  badly  brought  up.  M.  Sanctis  found  that 


FIFTH    INTERNATIONAL   PRISON    CONGRESS.  59 

most  jurists  and  social  scientists  would  agree  that  parents  should  forfeit 
paternal  authority  in  the  cases  mentioned  of  abandonment  and  cruelty; 
but  when  parents  turn  to  the  State  and  ask  its  aid  in  helping  them  to 
correct  their  children,  opinions  differ.  Yet  when  a  parent  asks  the 
iState  to  assume  guardianship,  he  practically  confesses  his  inability  to 
control  his  child.  ]f  he  is  allowed,  as  sometimes  occurs,  to  interfere 
with  his  boy's  education  at  a  house  of  correction,  and  even  to  withdraw 
him,  the  boy  may  fall  again  into  bad  Habits  and  may  lapse  into  delin- 
quency. The  right  of  tutelage  by  the  State  ought  to  be  substituted 
for  that  of  a  parent  whenever  the  parent  is  found  unworthy  to  exercise 
it.  M.  Sanctis  did  not  believe  it  would  be  well  to  let  the  courts  decide 
upon  the  right  of  guardianship.  The  law  ought  to  fix  precisely  the 
conditions,  and  its  provision  should  not  be  subject  to  arbitrary  inter- 
pretations. In  leaving  it  to  judges  to  decide  in  each  particular  case, 
we  can  not  have  a  uniform  system. 

This  question  was  also  the  subject  of  an  able  report  by  Mr.  C.  D. 
Eandall,  of  Coldwater,  Mich.,  a  delegate  to  the  Congress  from  the 
United  States  Bureau  of  Education.  Mr.  Eandall  treated  the  question 
at  first  historically  and  presented  in  detail  the  English  and  American 
practice,  supported  by  numerous  citations,  giving  also  a  summary  of 
the  Michigan  law.  Mr.  Eaudall  did  not  wish  to  exaggerate  the  rights 
of  children,  but  he  asked  that  the  prevention  of  crime  and  of  pauperism, 
through  child  saving,  should  have  the  prominence  it  deserves.  He 
urged  that  the  law  should  continue  to  extend  protection  to  dependent 
and  ill-treated  children,  to  the  point  of  annulling  parental  rights  when 
necessary. 

M.  Armengol  y  Cornet,  reporter  of  the  court  of  Barcelona,  Spain,  ren- 
dered a  report  in  practical  agreement  with  the  preceding,  and  showing 
the  need  of  protecting  stepchildren  from  cruel  parents.  Eeports  were 
also  presented  by  M.  Felix  Voisiu,  of  Paris,  Dr.  Louis  Fuld,  of  May- 
ence,  and  M.  de  Moldenhawer,  of  Poland,  who  rendered  a  full  and  very 
able  report  discussing  contemporary  laws. 

In  the  discussion  a  number  of  speakers  took  the  ground  that  the  civil 
court  should  determine  the  question  of  the  right  of  guardianship  except 
in  cases  where  the  criminal  courts  have  to  decide  on  the  un worthiness 
of  parents. 

Eesolutions : 

1.  The  icithdrawal  of  the  right  of  guardianship  may  be  substituted 
for  the  forfeiture  of  paternal  power  in  such  cases  as  the  courts  may 
determine. 

2.  Civil  courts  should  determine  questions  relating  to  tutelage  and 
the  right  of  guardianship,  but  criminal  courts  before  irhich  parents 
are  convicted  of  crime  may  withdraw  from  them  the  right  of  guard- 
ianship. 


60  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

SCHOOLS  AND  HOUSES   OF   CORRECTION. 

Third  Question : 

Should  there  not  be  substituted  for  the  single  and  ordinary  type  of 
the  house  of  correction  a  series  of  establishments  suitable  for  different 
classes  of  minors  as  defined  by  penal  law  f 

Should  not  the  school  of  preservation  (VEcole  de  preservation)  or 
house  of  correction  (Maison  de  premier  degre)  be  reserved  simply  for 
mendicants  and  vagrants  ? 

What  is  the  most  effective  way  of  preventing  mendicity  and  vagrancy 
in  minors  f 

The  president  of  the  section  asked  that  this  question  might  be  joined 
with  the  fourth,  which  was  thus  formulated: 

Fourth  Question : 

By  what  authority  should  sentence  be  pronounced  upon  children 
guilty  of  infractions  of  the  law  f 

Upon  what  principles  shall  it  be  decided  whether  these  infractions 
involve — 

(a)  Penal  condemnation  and  incarceration  in  a  penal  institution 
properly  so  called  ? 

(b)  Or  commitment  to  a  special  house  of  correction  for  vicious  or 
undisciplined  children  ? 

(c)  Or  sending  them  to  an  educational  establishment  intended  for 
pupils  under  the  guardianship  of  public  authority? 

Should  the  age  of  children  be  the  only  element  considered  in  making 
these  distinctions  and  determining  decisions,  and  under  what  con- 
ditions f 

(d)  Upon  what  principles  and  according  to  what  procedure  should 
children  confined  in  these  establishments  be  liberated  temporarily, 
conditionally,  or  definitely  f 

(e)  Under  icliat  conditions  may  minors  be  regarded  as  relapsed 
offenders  (recidivists)  and  what  consequences  should  such  a  relapse 
entail f 

Xo  less  than  sixteen  reporters  passed  upon  the  sixth  question  and 
ten  upon  the  fourth.  It  would  swell  this  report  too  much  to  give  an 
abstract  of  all  these  reports.  The  difference  of  opinion  presented  in 
the  discussion  was  such  that  a  special  committee  was  appointed  to 
amalgamate  different  views.  The  report  of  this  committee,  amended 
and  enlarged,  led  to  the  following  conclusions,  which  embody  the  most 
important  suggestions: 

Resolution : 

1.  Children  arraigned  before  courts  of  justice  may,  according  to  their 
age  and  the  nature  of  acts  for  which  they  have  been  arrested  and  their 
degree  of  discernment,  be  sent  to  establishments,  public  or  private,  either 
of  a  benevolent  and  preservative  or  reformatory  character. 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  61 

Children  under  12  years  should  always  be  sent  to  institution*  of 
preservation.  Sentenced  children  should  be  kept  in  separate  quarters. 

2.  It  is  desirable  that  the  name  given  to  these  establishments  should 
not  be  such  as  to  prejudice  the  future  of  the  child  by  affixing  a  stigma. 

3.  The  court  has  the  right  to  decide  whether  the  child  shall  be  placed 
under  guardianship.     The  choice  of  the  system  of  education  (penal, 
reformatory,  or  preservative]  may  be  decided  by  the  authority  to  which 
the  education  of  the  child  is  committed. 

4.  The  question  of  relapse  was  recommitted  to  the  first  section  of 
the  Congress. 

5.  Provisional  liberty  should  be  granted  when  the  child  shall  have 
received  a  sufficient  amount  of  general  and  technical  schooling,  and 
with  the  consent  of  the  administrative  authority,  provided  also  that 
the  child  shall  be  subject  to  continual  surveillance,  that  he  shall  be  pro- 
vided icith  work  and  with  conditions  necessary  for  his  material  and 
moral  welfare. 

6.  To  prevent  children  from  becoming  vagrants  or  mendicants  : 

(a)  Unworthy  parents  must  be  deprived  of  the  right  to  rear  children, 
and  those  who  trade  in  mendicity  must  be  punished. 

(b)  Honest  parents  who  are  incapable  of  giving  proper  oversight  to 
their  children  must  be  helped  to  fulfill  their  mission,  by  strictly  enforc- 
ing the  school  laics  and  by  establishing  nurseries,  creches,  kindergar- 
tens, maternal  schools,  and  other  similar  institutions. 

(c)  Adolescent  or  abandoned  orphans  should  be  offered  the  means  of 
avoiding  vagrancy  and  mendicity,  and  received  in  temporary  asylums 
u'liere  work  is  provided.     Only  voluntary  vagrants  or  mendicants 
should  be  treated  as  delinquents. 

1.  If  it  is  proved  that  the  vagrancy  or  mendicancy  of  the  child  is 
due  to  the  fault  or  the  negligence  of  persons  icho  have  authority  over 
him,  these  persons  shall  be  prosecuted  and  sentenced  to  fine,  impris- 
onment, or  to  privation  of  their  civil  rights,  or  to  one  of  these  three 
penalties,  without  forfeiture  of  rights  of  parentage  or  privation  of 
guardianship. 

8.  In  that  case,  after  the  organization  of  preventive  means,  parents 
guilty  of  neglecting  their  children  may  be  declared  in  whole  or  in  part 
responsible  for  the  expenses  of  guardianship  and  the  education  of 
minors. 

9.  Proprietors  of  hotels  and  lodging  houses  who  give  permanent  or 
temporary  shelter  to  minors  to  expose  them  to  an  immoral  life  shall  be 
condemned  to  some  correctional  penalty.    After  the  first  infraction  the 
court  may  order  the  establishment  to  be  closed,  and  this  should  be 
obligatory  in  case  of  relapse. 


62  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

PHYSICAL  EDUCATION   FOR  MINORS. 

Fifth  Question : 

Is  it  necessary  to  assign  a  large  place  to  rational  physical  education 
in  houses  of  detention  for  children  f 

The  thirteen  reports  presented  on  this  question  as  analyzed  by  M. 
Nassoy  were  unanimous  in  assigning  a  large  part  to  rational  physical 
education.  While  some  of  the  writers  outlined  a  system  of  gymnastics, 
and  reference  was  again  made  to  the  experiments  at  the  Elmira  Eeform- 
atory,  it  was  also  maintained  by  some  of  the  reporters,  and  urged  by  the 
reporter-general,  that  the  best  form  of  exercise  was  to  be  found  in  some 
form  of  work,  above  all  in  agricultural  labors.  In  cultivating  theground, 
children  in  agricultural  colonies  not  only  become  robust,  but  learn  to 
gain  an  honest  living.  From  a  moral  point  of  view,  therefore,  the 
advantages  of  this  form  of  exercise  are  great.  The  fatigue  which  follows 
labor  is  salutary  and  a  protection  against  temptation. 

Mine.  Bogelot,  of  Paris,  and  the  Oountess  Oppezzi  felt  that  sufficient 
physical  exercise  in  the  open  air  is  not  furnished  to  young  prisoners. 
They  believe  that  some  form  of  outdoor  labor  in  the  way  of  horticulture 
or  farming  ought  to  be  more  general. 

At  the  conclusion  of  the  discussion,  the  resolution  proposed  by  M. 
Nassoy  was  unanimously  adopted : 

Eesolutiou : 

The  preponderant  place  in  rational  physical  education  should  be 
given  to  manual  labor,  and  particularly  to  agricultural  labor,  in  the 
open  air  for  both  sexes. 

MINIMUM  OR  MAXIMUM  PENALTIES. 
Sixth  Question : 

Would  it  be  ic ell  to  fix  a  minimum  time  sentence  in  sending  minors 
to  houses  of  correction  f 

Would  it  be  well  to  decide  that  in  all  cases  where  minors  have  been 
condemned  they  should  be  committed  until  their  majority  under  civil 
law  to  a  penal  house  of  correction  f 

Three  of  the  reporters  on  this  question,  as  directors  of  colonies  and 
institutions  for  the  young,  treated  the  matter  from  the  practical  stand- 
point, and  showed  the  inutility  of  short  sentences  for  children  who 
need  the  prolonged  influence  of  education.  M.  Felix  Voisin,  in  ana 
lyzing  these  reports,  asks  how  a  magistrate  is  to  know  when  he  pro- 
nounces a  definite  sentence  on  a  youthful  delinquent  what  period  will 
be  necessary  for  his  reformation. 

Professor  Thiry  also  showed  the  inutility  of  definite  sentences.  It 
was  clear  to  some  of  the  American  delegates  that  the  logic  effectively 
expressed  in  behalf  of  an  indeterminate  sentence  for  minors  applied 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  63 

with  great  force  to  adult  prisoners,  especially  when  it  is  considered  that 
the  average  age  of  the  majority  of  prisoners  is  not  much  above  the 
age  of  civil  majority.  In  this  debate  Mr.  Michel  Heymann,  an  official 
delegate  from  the  State  of  Louisiana,  did  not  wish  to  hear  of  the  word 
"sentence"  applied  to  a  child.  The  child,  he  said,  is  not  a  criminal;  it 
may  be  sick  or  perverted.  It  needs  to  be  guarded,  trained,  educated, 
mid  reformed,  but  all  idea  of  penalty  which  degrades  or  fixes  a  stigma 
upon  its  life  must  be  set  aside.  M.  Yoisin,  in  reply  to  a  statement  that 
the  courts  might  not  wish  to  give  up  the  right  to  fix  a  minimum  sen- 
tence, said  that  commitment  to  a  house  of  correctional  education  ought 
not  to  be  regarded  as  a  penalty.  It  is  a  measure  for  the  protection  of 
the  child.  It  is  for  the  educator  to  decide  when  the  task  of  education 
is  complete. 

M.  Lejeune,  of  Belgium,  asked  that  in  the  conclusions  voted  the  words 
"correctional'1  or  "penitentiary'' as  applied  to  houses  of  education 
should  not  be  used.  These  words  ought  not  to  be  pronounced  against 
a  child,  whose  future  must  always  be  held  in  mind. 

.Resolution : 

1.  When  the  care  of  the  child  has  been  assumed  by  the  Government, 
or  it  has  been  placed  under  administrative  guardianship,  this  care 
should  extend  to  the  age  of  majority. 

2.  There  is  ground  for  concluding  that  in  all  cases  where  minors 
hare  been  condemned  they  should  be  placed  under  administrative 
guardianship  until  the  age  of  civil  majority. 

3.  A  decision  of  the  court  may  end  the  guardianship  when  the 
authorities  think  that  the  educational  task  is  finished. 

THE    SUPERVISION    OF   CHILDREN   PLACED    IN  FAMILIES. 

Seventh  Question : 

Hoic  and  by  whom  should  oversight  be  maintained  under  the  placing- 
out  system;  that  is,  of  abandoned  or  assisted  children  and  those  from 
penitentiary  colonies  who  are  placed  individually  in  families  f 

The  danger  of  placing  children  in  families  without  proper  supervision 
was  recognized  in  the  various  reports.  Some  of  the  writers  proposed 
that  inspection  should  be  made  by  the  agents  of  the  institutions  to 
which  such  children  may  have  been  committed  before  they  were  placed 
out.  This  is  practically  adopted  in  the  case  of  children  who  are  thus 
placed  from  the  French  penitentiary  colony  of  Mettray.  There  are 
always  a  certain  number  of  applications  for  such  children.  It  is  the 
duty  of  the  agent  to  visit  them.  In  distant  localities  patrons,  priests, 
ministers,  or  members  of  some  charitable  society  visit  the  children,  and 
correspondence  is  maintained  with  the  patrons  as  well  as  with  the 
children.  But  supervision,  ic  was  maintained  by  Captain  Cluze,  of 
Mettray,  should  be  friendly  rather  than  official.  The  work  is  best  done 


64  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

by  societies  of  patronage.  Messrs.  F.  Walter  and  A.  Tiinofeef,  of  Rus- 
sia, presented  an  interesting  report,  considering  first  the  inspection  of 
children  who  had  previously  served  in  correctional  institutions,  and 
then  of  those  placed  directly  under  guardianship  in  families.  In  tlie 
first  case  guardians  should  have  some  responsibility  to  the  administra- 
tion of  these  institutions.  In  other  cases  societies  of  patronage  should 
exercise  a  surveillance  in  the  way  of  friendly  visiting  without  the  inter- 
vention of  the  police  and  devoid  of  an  official  character.  The  patrons 
should  be  animated  by  a  benevolent  spirit. 

The  State  should  cooperate  with  these  societies,  as  in  England.  Dr. 
Emile  Barthes,  of  Caen,  showed  that  the  question  had  been  discussed 
very  fully  for  the  last  thirty  or  forty  years.  He  believed  that  such 
societies  of  patronage  had  attained  a  greater  success  in  Germany,  and 
referred  to  the  society  of  Elberfeld.  Messrs.  Louiche-Desfontaiue  and 
Godefroy  thought  that  surveillance  should  be  exercised  concurrently 
by  the  societies  of  patronage  and  by  public  authority.  M.  Lejeuue,  of 
Belgium,  formerly  minister  of  justice,  spoke  from  official  experience  of 
the  great  value  of  the  inspection  by  societies  of  patronage.  The  direc- 
tors of  these  societies  had  said  to  him:  "We  do  not  wish  to  submit  to 
governmental  supervision.  If  we  must  do  that  we  prefer  to  give  up 
the  work.  If  you  have  confidence  in  us,  give  us  your  children;  if  you 
do  not  have  confidence  in  us,  why  do  you  intrust  the  children  to  us  ?" 
He  had  had  that  confidence.  He  had  given  to  them  complete  supervi- 
sion of  the  wards  of  the  Government,  and  he  had  never  regretted  this 
decision.  In  Belgium  the  supervision  of  children  placed  out  is  con- 
ducted by  these  societies  with  tact  and  discretion.  No  such  results 
could  ever  be  obtained  by  governmental  supervision,  which  perpetually 
reminds  the  child  of  its  origin  and  becomes  formal  and  perfunctory. 
M.  Lejeune  spoke  then,  as  always,  with  elevation  and  power,  and  the 
resolution  proposed  by  him  was  adopted. 

Eesolutiou : 

Children  who  are  placed  in  families  under  administrative  guardian- 
ship or  who  are  wards  of  the  Government  can  only  be  effectively  super- 
vised through  societies  of  patronage. 

THE    PREVENTION    OF   PROSTITUTION. 

Eighth  Question : 

What  means  should  be  employed  to  prevent  and  repress  the  prostitu- 
tion of  minors  ? 

Is  it  not  desirable  that  an  understanding  should  be  established  be- 
ticeen  different  nations  for  the  purpose  of  preventing  the  prostitution 
of  young  girls  placed  in  foreign  countries  and  too  of  ten  lured  into  vice 
through  the  intrigues  of  certain  persons  or  agencies  f 

M.  Minod  and  De  Meuron,  of  Geneva,  in  a  preliminary  report,  showed 
that  60  per  cent  of  the  girls  leading  an  abandoned  life  in  Zurich  had 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  65 

fallen  before  17  years  of  age,  arid  88  per  cent  before  20  years.  Those 
who  are  engaged  in  the  trade  seek  to  furnish  to  these  houses  girls  as 
young  as  possible.  The  State  should  not  recognize  prostitution  as  a 
trade.  It  should  be  interdicted  to  minors. 

The  section  discussed  also  the  question  submitted  to  it  by  the  first 
section  as  to  what  means  should  be  adopted  to  prevent  the  expatria- 
tion of  young  girls  for  the  purpose  of  prostitution,  and  the  two  sections 
were  united  in  this  discussion. 

M.  Yves  Guyot  presented  areport  abounding  in  facts  showing  the  trade 
carried  on  in  young  girls  between  different  countries.  A  great  many 
are  induced  to  emigrate  by  the  promise  of  places.  A  large  trade  is 
carried  on  in  Germany  and  Austria  and  Belgium  in  this  direction.  Lon- 
don, Constantinople,  North  and  South  America,  and  Australia  furnish 
a  market  for  this  traffic.  Keference  was  made  to  the  investigations  in 
London  on  this  subject.  Belgium,  Holland,  Austria,  and  Eussia  have 
concluded  treaties  or  taken  measures  to  prevent  this  traffic.  But  the 
effort  has  been  only  partially  successful,  owing  to  the  lack  of  coopera- 
tion in  different  countries,  the  want  of  uniformity  in  the  laws  for  pun- 
ishing these  crimes,  and  the  difficulty  of  establishing  the  proof  of  such 
facts  as  enter  into  the  commerce  in  young  girls. 

M.  Guyot  proposed  an  international  conference  to  study  measures  for 
the  repression  of  the  traffic.  The  discussion  was  earnest  and  animated. 
Numerous  resolutions  and  amendments  were  offered,  and  the  session 
was  suspended  to  permit  the  authors  of  various  measures  to  consolidate 
their  propositions.  The  result  was  the  amalgamation  of  several  reso- 
lutions offered  by  different  members  and  adopted  almost  unanimously 
as  follows : 

Eesolutions : 

1.  A  bduction  by  fraud  or  allurement  for  prostitution,  the  employment 
of  such  means  to  constrain  even  one  who  has  reached  majority  to  lead 
a  life  of  prostitution,  ought  to  be  severely  repressed,  with  an  increase 
of  the  penalty  in  case  of  relapse. 

2.  It  is  recommended  that  a  conference  of  delegates  of  different  Gov- 
ernments be  called  to  take  international  measures  against  the  abduction 
of  girls. 

3.  The  best  means  for  repressing  the  prostitution  of  minors: 

(a)  To  raise  to  15  years  the  age  in  which  seduction  is  considered  as 
criminal. 

(b)  To  increase  the  number  of  reform  schools,  asylums,  refuges,  and 
other  establishments  of  the  same  kind,  designed  for  icayward  young 
girls. 

4.  Recognizing  the  influence  of  religious  education  upon  public  mo- 
rality, it  is  necessary  to  consider  the  important  place  which  should 
always  be  accorded  to  it. 

5.  Every  minor  of  either  sex  less  than  18  years  of  age  found  in  an 
S.  Doc.  181 5 


66  FIFTH    INTERNATIONAL   PRISON    CONGRESS. 

habitual  state  of  prostitution  shall  be  conducted,  after  a  preliminary 
examination,  before  a  court  tchich,  according  to  circumstances,  shall 
commit  the  minor  to  his  or  her  parents  or  to  some  house  of  refuge, 
education,  or  reformation,  or  to  some  honorable  family,  until  the  age 
of  civil  majority. 

6.  The  Congress  is  of  the  opinion  that  the  question  of  the  regulation 
of  prostitution  ought  to  be  a  part  of  the  programme  of  the  next  Con- 
gress. 

INTERNATIONAL   PATRONAGE. 

Before  separating,  the  fourth  section  adopted  the  following  resolu- 
tion in  regard  to  international  cooperation  in  aiding  and  protecting  the 
young  through  the  societies  of  patronage  in  different  countries: 

Resolution : 

The  Congress  is  of  the  opinion  that  with  as  little  delay  as  possible 
international  relations  of  patronage  and  oversight  for  abandoned 
children  and  those  discharged  from  correctional  institutions  should  be 
established  between  different  States,  and  more  particularly  upon  the 
borders  of  adjoining  countries.  The  aim  of  this  international  pat- 
ronage should  be  not  only  to  come  to  the  aid  of  the  young  and  of  chil- 
dren surviving  their  parents,  but  above  all  to  see  that  they  are  promptly 
directed  to  their  native  countries,  and  there  committed  to  societies  of 
patronage,  if  they  exist. 

CLOSE  OF  THE   CONGRESS. 

In  the  reports  of  the  different  sections  the  discussions  at  the  general 
sessions  of  the  Congress  and  the  resolutions  there  adopted  have  been 
included.  The  most  important  work  was  done  in  the  separate  sections, 
and  for  the  most  part  the  action  of  the  general  sessions  was  but  a  rati- 
fication of  that  of  the  different  sections,  though  at  times  the  debate 
was  transferred  from  the  small  halls  to  the  larger  one  and  continued 
with  great  warmth.  The  resolutions  given  in  the  preceding  pages 
sometimes  represented  a  compromise;  but  sometimes  they  express  very 
well  the  whole  spirit  of  the  debate,  and  were  made  up  from  various 
propositions  advanced  during  the  discussion. 

The  closing  session  of  the  Congress  was  beld  in  the  amphitheater  of 
the  Sorbonne,  Tuesday,  July  9.  In  giving  the  closing  address  M.  Duflos, 
the  president,  to  whose  large  ability  and  untiring  devotion  so  much  of 
the  success  of  the  Congress  was  due,  said : 

We  have  reached  the  end  of  onr  labors.  In  these  ten  days  a  large  task  has  been 
accomplished.  Thirty  questions  were  comprised  in  our  programme.  All  have  been 
studied  with  the  greatest  care.  They  have  given  rise  to  wise  and  profound  discus- 
sions in  the  sections  and  in  the  general  assembly. 

The  results  have  exceeded  our  expectations.  Never  has  a  programme  more  fully 
charged  been  submitted  to  the  Congress.  We  have  the  right  to  be  proud  of  the 
results  which  prove  the  vitality  and  worth  of  the  Congress. 


FIFTH    INTERNATIONAL    PRISON   CONGRESS.  67 

And  now  we  are  about  to  separate  after  ten  days  of  devoted  work,  and  after  hold- 
ing sessions  in  which  there  has  been  an  admirable  exchange  of  ideas,  with  intervals 
of  fraternal  relaxation  to  strengthen  old  friendships  and  form  new  ones,  and  to 
afford  the  pleasing  spectacle  of  men  belonging  to  twenty-five  different  nations 
marching  hand  in  hand,  united  by  the  same  desire,  illumined  by  the  same  glowing 
zeal,  defending  different  opinions  with  ardor  and  vivacity,  but  with  one  aim  and 
one  purpose.  It  is  not  without  heaviness  of  heart  that  I  address  you  on  the  eve  of 
your  departure.  We  hope  you  will  bear  a  lasting  remembrance  of  your  visit  here, 
that  you  will  part  with  the  assurance  that  you  leave  behind  you  in  Paris  sincere 
and  devoted  friends.  Sometimes  turn  your  eyes  toward  us,  sometimes  bend  your 
ear  toward  France,  and  you  will  hear  the  beating  of  our  hearts,  and  across  the  dis- 
tance you  will  see  our  arms  lifted  toward  you  and  we,  ourselves,  saying  to  you, 
"Friends,  confide  inns;  rely  upon  our  unalterable  attachment.  Soon  we  hope  to 
unite  again  with  you  in  the  pursuit  of  generous  objects.  We  shall  not  forget  you. 
The  ties  which  bind  us  are  those  which  can  neither  be  broken  nor  relaxed." 

No,  ladies  and  gentlemen,  it  is  not  an  adieu  that  we  have  to  say  at  this  time.  The 
Belgian  Government,  through  its  eminent  and  sympathetic  representative,  M.  de 
Latour,  has  made  known  to  the  International  Penitentiary  Commission  that  it  will 
offer  hospitality  in  1900  to  the  Sixth  International  Prison  Congress.  The  Interna- 
tional Commission  has  replied  with  thanks  for  this  friendly  and  gracious  invitation, 
which  has  secured  the  unanimous  acceptance  of  all  the  nations  represented  in  the 
International  Commission.  I  have  raised  my  hand  with  my  colleagues,  regretting 
that  as  a  Frenchman  I  could  not  vote  twice  in  favor  of  the  proposition.  Brussels  is 
not  far  from  Paris.  We  may  hope,  then,  that  the  Congress  of  Brussels  will  furnish 
for  our  foreign  guests  an  opportunity  to  come  to  Paris  and  assist  us  in  our  festal  cele- 
brations in  the  interest  of  industry,  commerce,  and  art  which  the  Government  of 
France  has  prepared  for  the  end  of  the  century. 

Au  revoir,  then,  ladies  and  gentlemen.  We  extend  to  your  countries,  your  families, 
and  everything  which  is  dear  to  you,  our  most  sincere  and  affectionate  wishes. 

RECEPTIONS  AND  EXCURSIONS. 

No  account  of  the  Congress  would  be  complete  without  reference  to 
the  receptions  and  other  courtesies  extended  to  the  delegates  and  the 
excursions  organized,  not  only  to  furnish  recreation,  but  to  give  an 
opportunity  to  visit  representative  French  institutions. 

The  evening  before  the  opening  of  the  Congress,  Saturday,  June  29, 
the  members  of  the  Congress  attended  a  reception  given  by  M.  Felix 
Faure,  President  of  the  French  Eepublic,  at  the  Palais  d'filysee.  The 
members  were  individually  presented  to  the  President.  The  gardens 
and  salons  were  thrown  open  to  the  guests,  and  delightful  music  was 
furnished  by  the  Guarde  E6publicaine. 

The  opening  session  of  the  Congress  at  the  Sorbonne,  Sunday  after- 
noon, June  30,  has  already  been  described.  The  same  evening,  at  7 
o'clock,  a  grand  banquet  was  given  by  the  committee  of  organization 
to  all  the  foreign  members  in  the  great  dining  hall  of  the  Hotel  Conti- 
nental. Six  hundred  covers  were  laid,  and  care  was  taken  that  every 
foreign  guest  should  be  brought  into  personal  relation  at  the  table  with 
representative  Frenchmen.  The  minister  of  the  interior,  M.  Leygues, 
presided.  Other  officers  of  the  French  Government  and  foreign  ambas- 
sadors sat  on  his  right  and  left.  M.  Leygues  made  a  brief  address  of 
welcome,  which  was  responded  to  by  M.  Galkine-Wraskoy,  the  head  of 


68  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

the  Russian  delegation.  After  the  dinner  followed  a  reception  lasting 
till  midnight. 

Tuesday,  July  2,  the  President  of  the  Eepublic  and  Mme.  Felix  Faure 
received  at  dinner  the  officers  of  the  Congress  and  the  presidents  of 
the  different  foreign  delegations. 

On  Wednesday,  July  3,  two  excursions  were  provided.  Half  of  the 
Congress  proceeded  by  a  special  train  to  Melun,  where  they  visited  the 
great  penitentiary  at  that  place,  at  which  all  the  preliminary  reports 
of  the  Congress,  amounting  to  2,500  pages,  and  the  daily  bulletins  of 
the  proceedings  were  printed.  A  visit  to  the  palace  of  Fontainbleau 
and  a  drive  through  the  forest  followed.  A  banquet  was  given  in  the 
palace  to  the  two  hundred  excursionists.  M.  Duflos,  the  president  of 
the  Congress,  in  a  happy  speech  spoke  of  the  friendship,  the  confidence, 
and  the  high  ideals  which  animated  the  members,  and  concluded  by 
quoting  the  spirit  of  Longfellow's  verse: 

Let  the  dead  Past  bury  its  dead ! 
Act — act  in  the  living  Present ! — 
Heart  within  and  God  o'erhead ! 

Toasts  were  offered  and  addresses  made  by  Messrs.  Galkine-Wraskoy, 
Braunbehrens,  Pierautoni,  de  Latour,  Tarassow,  de  Dychma,  and  Eeboul. 

On  the  same  day  another  delegation  of  members,  among  them  a  large 
number  of  ladies,  visited  the  Pantheon,  la  Conciergerie,  les  luvalides, 
and  proceeded  by  steamer  to  St.  Cloud.  Dinner  was  served  on  the 
boat,  and  toasts  were  offered  by  Messrs,  von  Jagemann  and  Puibaraud. 
The  excursion  was  terminated  by  a  visit  to  the  national  manufactory 
at  Sevres. 

On  Thursday,  July  4,  a  grand  banquet  was  given  in  the  Eiffel  tower 
to  200  guests  by  the  Societe  Generale  des  Prisons.  The  president, 
M.  Felix  Voisin,  extended  the  welcome  of  the  society  whose  distin- 
guished contributions  to  penology  are  known  the  world  over  by  all  stu- 
dents of  criminology.  "This  gathering,"  said  M.  Voisin,  "is invaluable 
for  us,  for  it  consecrates  old  friendships  and  permits  us  to  form  new 
ones."  He  spoke  of  the  great  change  that  had  taken  place  in  twenty 
years.  In  that  time  the  members  of  the  Congress  had  learned  to  work 
together  for  the  progress  of  penitentiary  science,  in  which  their  minds 
and  hearts  were  closely  united. 

M.  Lejeune,  of  Belgium,  in  extending  thanks  to  the  society  spoke  of 
the  new  spirit  of  hopefulness  which  inspires  the  pursuit  of  ideal  justice. 
We  are  seeking  to  know  true  justice;  we  wish  to  possess  it  and  to 
practice  it.  In  that  research  our  eyes  are  turned  toward  France,  which 
has  done  so  much  for  the  inspiration  of  human  progress.  All  whose 
efforts  are  turned  and  whose  hearts  are  drawn  toward  that  aspiration 
of  true  human  justice  are  filled  with  a  sentiment  of  profound  gratitude 
for  the  light  which  La  Societe  Generale  des  Prisons  has  thrown  upon 
its  way. 

M.  Eibot,  president  of  the  council  to  the  French  Government  and 


FIFTH   INTERNATIONAL    PRISON    CONGRESS.  69 

honorary  president  of  the  society,  offered  a  toast  celebrating  the  col- 
laboration of  all  nations  in  the  great  task  which  has  united  them  in  this 
Congress.  If  France  had  played  an  honorable  part  in  the  march  of 
progress,  as  M.  Lejeune  had  said,  it  is  because  she  has  known  how  to 
borrow  generous  ideas  from  the  nations  about  her.  It  is  the  sympa- 
thies which  have  united  France  to  all  other  foreign  nations  which  have 
enabled  her  to  hold  on  some  occasions,  and  not  without  honor,  the 
standard  of  progress  and  of  civilization.  He  would  be  very  blind  and 
narrow  in  his  conceptions  who  should  affirm  to-day  after  all  the  changes 
which  have  renewed  the  face  of  the  world  that  a  nation  is  sufficient  to 
itself  in  the  task  which  is  imposed  upon  it.  In  the  contest  in  which 
we  have  engaged  against  misery,  against  vice,  against  those  evils 
which  beset  humanity,  we  can  not  be  isolated.  We  must  sustain  each 
other.  We  must  join  our  efforts,  our  thoughts,  and,  permit  me  to  add, 
our  hearts.  We  have  begun  that  battle  and  we  will  continue  it.  The 
years  are  short,  but  the  lives  of  nations  and  the  life  of  humanity  are  long 
and  we  ought  to  take  with  us  when  we  leave  this  earth  the  conscious- 
ness that  we  have  been  able  to  do  something  to  promote  the  progress 
of  humanity  and  civilization. 

M.  Pessina,  of  Italy,  rendered  a  tribute  to  the  great  work  of  the  so- 
ciety, which  by  its  publication  and  its  energetic  efforts  had  instituted 
a  permanent  inquiry  into  the  penitentiary  institutions  of  France  and  for- 
eign countries.  He  congratulated  them  upon  the  results.  We  are  not 
moved  by  blind  sentimentalisrn.  Penal  justice,  as  we  understand  it,  is 
the  skillful  surgeon  cauterizing  the  wounds  of  society. 

M.  Leygues,  minister  of  the  interior,  addressing  the  members  of  the 
Congress,  said  that  in  twenty-five  years  they  had  accomplished  a  revo- 
lution. They  had  effaced  from  the  entrance  of  their  prisons  the  words 
which  Dante  placed  over  the  entrance  to  hell,  "  All  hope  abandon  ye 
who  enter  here."  That  was  true  once,  but  thanks  to  you  it  is  no  longer 
true  to-day.  The  Government  is  happy  in  cooperating  with  you  because 
your  work  is  not  only  penitentiary  work ;  in  enlarging  your  field  of 
action,  you  engaged  in  a  work  which  is  social,  political,  and  philosoph- 
ical. 

M.  Trarieux,  minister  of  justice,  spoke  of  the  deep  interest  which 
the  department  of  justice  had  in  the  work  of  the  Congress.  Judges 
and  magistrates  were  largely  represented  in  these  gatherings.  Along- 
side of  philosophers,  scientists,  and  professors  there  were  advocates 
and  counselors  of  the  highest  courts  who  came  to  join  in  the  study  of 
reforms  in  which  they  have  often  taken  the  initiative  and  in  which 
their  advice  may  always  be  valuable.  He  wished  that  not  only  a  select 
number,  but  that  the  entire  magistracy  were  enrolled  under  their  ban- 
ner. What  becomes  of  good  laws  if  they  are  not  applied  by  judges 
capable  of  understanding  and  administering  them  in  the  same  spirit 
in  which  they  have  been  framed?  The  good  judge  needs  to  be  versed 
in  penal  science.  Justice  is  the  supreme  end.  There  was  no  barrier, 


70  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

he  said,  between  him  and  his  colleague,  the  minister  of  the  interior, 
who  presided  over  penitentiary  administration.  Justice  is  not  impla- 
cable chastisement  and  blind  exemplary  punishment;  true  justice  is 
benevolent  toward  the  weak,  compassionate  to  childhood;  it  is  justice 
combined  with  sensibility;  it  seeks  to  restore  the  guilty  through  mercy 
combined  with  severity. 

Addresses  were  also  made  by  M.  Canonico,  of  Italy;  M.  Galkine- 
Wraskoy,  of  Russia;  and  M.  F.  Duflos,  president  of  the  Congress,  who 
also  rendered  a  tribute  to  the  work  of  the  society,  and  closed  by  offer- 
ing a  toast  to  the  sentiments  which  animate  all  civilized  people  for  the 
continual  progress  of  science  and  of  the  triumph  of  justice,  law,  and 
goodness. 

On  Saturday,  July  6,  the  members  of  the  Congress  were  the  guests  of 
the  general  council  of  the  Seine,  and  visited  the  departmental  prisons 
and  institutions  of  Nanterre  and  of  Montesson. 

Sunday,  July  7,  the  Congress  visited  the  penitentiary  colony  of 
Douaires  and  the  special  asylum  for  the  criminal  insane  at  Gaillou. 
The  visits  to  these  and  other  institutions  were  of  the  greatest  interest 
to  the  delegates,  who  found  much  to  commend  in  their  administration, 
but  most  of  all  the  hopeful,  progressive,  humanitarian  spirit  which  per- 
vaded them. 

The  same  evening  a  brilliant  reception  was  given  by  the  minister  of 
the  interior  to  the  members  of  the  Congress.  Members  of  the  diplo- 
matic corps,  a  large  number  of  senators,  deputies,  officers  of  the  army, 
artists,  and  men  of  letters  were  present.  The  apartments  were  beau- 
tifully decorated,  the  garden  was  illuminated,  the  band  of  La  Garde 
Republicaiue  played  selections  from  French  composers,  and  the  guests 
had  the  pleasure  of  hearing  distinguished  actors  of  the  Comedie  fran- 
9aise. 

Monday  evening,  July  9,  a  dinner  was  offered  by  the  foreign  dele- 
gates to  the  French  committee  of  organization.  It  was  held  in  La 
Maison  Bubat,  Champs-FJysees.  The  dinner  was  given  in  a  tent  deco- 
rated with  the  flags  of  all  nations,  while  an  excellent  orchestra  rendered 
the  national  airs  of  different  countries. 

M.  Galkine- Wraskoy,  in  offering  a  toast  to  the  President  of  the  French 
Eepublic,  said  that  France  is  not  only  a  hospitable  land  for  strangers; 
it  is  also  hospitable  to  ideas  of  justice  and  of  charity,  those  great 
influences  which  elevate  civilization  and  contribute  to  fraternal  sympa- 
thy among  nations. 

M.  Pols,  of  Holland,  expressed  his  gratitude  for  the  sympathy  they 
had  received  and  for  the  generous  efforts  which  had  been  made  to 
facilitate  their  labors.  He  thanked  all  the  officers  of  the  Government 
and  the  committee  of  organization. 

M.  Canonico,  of  Italy,  called  attention  to  the  immense  labor  which 
the  committee  of  organization  had  undertaken  and  fulfilled.  Eeferring 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  71 

to  M.  Duflos,  he  said  the  general  has  been  worthy  of  his  army,  and  the 
army  has  been  worthy  of  its  general.  They  had  succeeded  so  well 
because  they  had  been  animated  by  noble  and  generous  sentiments. 

A  toast  was  offered  by  M.  Braunbehrens  to  La  Societe"  ge"uerale  des 
prisons,  and  M.  de  Latour  offered  a  toast  of  thanks  to  the  city  of  Paris, 
which  had  extended  such  magnificent  hospitality.  Paris  offers  a  splen- 
did aggregation  of  elegance  and  of  the  most  beautiful  productions  of 
science,  art,  and  of  letters.  But  they  had  seen  behind  all  this  incom- 
parable splendor  something  more  precious — the  noble  sentiments  which 
inform  the  soul  and  heart  of  France. 

M.  Leygues,  minister  of  the  interior,  responded  on  behalf  of  the 
French  Government,  M.  Voisin  for  La  Society  des  Prisons,  and 
M.  Duflos  for  the  committee  of  organization. 

An  incident  especially  interesting  to  Americans  was  the  tribute  paid 
by  Dr.  Guillaume,  the  general  secretary,  to  the  late  Dr.  E.  C.  Wines. 
Dr.  Guillaume  said: 

In  every  prison  congress  the  name  of  their  promoter,  Dr.  Wines,  is  pronounced  with 
gratitude  and  veneration.  His  Excellency  M.  Galkine-Wraskoy  has  just  reminded 
me  of  the  sacred  duty  of  filial  gratitude  which  we  owe  to  the  man  who  has  stimu- 
lated in  every  country  this  admirable  movement  in  behalf  of  penitentiary  reform 
and  of  the  prevention  of  crime.  Animated  by  a  faith  which  moves  mountains,  but 
calm  and  methodical,  he  began  by  creating  the  American  Prison  Association,  in 
which  ideas  practical  rather  than  theoretical  have  beeu  discussed  that  have  been  for 
the  most  part  realized.  It  is  sufficient  to  mention  among  things  realized  the  inde- 
terminate sentence,  the  probation  system,  and  the  Elmjra  Reformatory.  After  hav- 
ing stimulated  the  reform  in  the  United  States,  Dr.  Wines  wished  to  set  in  motion  a 
similar  movement  in  Europe  and  unite  the  efforts  of  the  State  with  private  initia- 
tive in  this  field  of  activity.  The  difficulties  were  great,  for  then  the  governments 
considered  members  of  benevolent  societies  as  dreamers  and  metaphysicians,  while 
these  on  the  other  hand  considered  public  officials  as  doctrinaires  and  bureaucrats. 
To  overcome  these  difficulties,  Dr.  Wines,  in  spite  of  his  great  age,  undertook  to  visit 
every  country  of  Europe  and  to  personally  plead  his  cause  before  sovereign  and 
influential  statesmen.  Thanks  to  his  perseverance  and  to  the  special  tenacity  of 
his  race  he  succeeded  in  organizing,  in  1872,  the  London  Congress,  and  six  years  later 
that  of  Stockholm. 

But,  gentlemen,  that  which  has  not  been  sufficiently  known  and  not  sufficiently 
said  is  that  this  immense  work  of  Dr.  Wines  would  have  been  impossible  if  he  had 
not  been  always  accompanied  and  seconded  by  his  wife,  Mrs.  Emma  Wines,  who 
constantly  served  as  his  active,  intelligent,  and  devoted  secretary  and  translator. 
Dr.  Wines  was  of  the  opinion  that  without  the  cooperation  of  woman  the  work  of 
penitentiary  reform  would  not  be  crowned  with  permanent  success. 

In  the  London  Congress  he  received  the  support  of  distinguished  women,  among 
them  Miss  Mary  Carpenter,  the  wife  of  the  venerated  Barwick  Baker,  and  others, 
who  gave  animation  and  brilliancy  to  the  discussions  of  that  first  international 
gathering. 

At  Stockholm,  at  Rome,  and  at  St.  Petersburg  the  number  of  women  who  distin- 
guished themselves  as  authors  of  reports,  as  orators,  or  as  directors  of  establishments 
for  unfortunate  children  or  of  aid  societies  constantly  increased,  and  we  mention 
with  respect,  among  others,  Mme.  d'Oliverona,  Dona  Areual,  Signora  Lydia  Poet, 
Mines.  Dupuy  et  Brunot,  and  her  royal  highness  the  Grand  Duchesse  of  Oldenburg. 

At  the  Paris  Congress  the  circle  is  still  larger,  and  it  is  possible  that  the  question 
relative  to  the  education  of  unfortunate  children  which  figure  on  the  programme 


72  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

have  procured  for  the  Congress  the  sympathy  of  so  many  distinguished  women  that 
we  may  he  permitted  to  call  them  our  sisters  of  charity,  both  lay  and  religious. 
Dr.  Wines,  if  he  were  still  among  us,  would  thrill  with  joy  at  seeing  bis  dream  real- 
ized, the  active  cooperation  of  woman  in  tbe  education  of  abandoned  cbildren  and 
youth. 

We  are  proud  also,  ladies,  to-day,  at  being  honored  with  your  presence,  and  happy 
at  beiug  able  to  offer  our  sentiments  of  gratitude  and  respect  to  Mrs.  Leygues, 
Mrs.  Duflos,  Mrs.  Robin,  Mrs.  Pissard,  Mrs.  Coroine,  Mrs.  Rosenberg,  and  all  those 
ladies  who  have  assisted  at  the  Congress  and  those  who  in  every  country  and  under 
whatever  title  are  helping  in  the  rescue  of  wayward  and  unfortunate  children.  We 
beg  them  to  continue  their  powerful  support  and  effective  cooperation,  and  believing 
with  us  in  the  perfectibility  of  the  human  race,  to  help  to  raise  the  moral  and  intel- 
lectual level  of  society  and  to  prepare  for  it  a  better  future. 

Dr.  Guillaurne  closed  by  offering  the  health  of  Madam  Faure,  wife  of 
the  President  of  the  Kepublic. 

Gen.  E.  Brinkerhoff  responded  to  the  compliment  which  had  been 
paid  to  the  influence  of  the  United  States  in  forming  the  Congress: 

Mr.  PRESIDENT,  AND  LADIES  AND  GENTLEMEN:  On  behalf  of  the  American  dele- 
gation, I  desire  to  express  our  appreciation  of  the  high  honor  accorded  our  country 
by  Dr.  Guillaume  in  the  tribute  he  has  given  to  the  services  rendered  by  our  dis- 
tinguished countryman,  Rev.  Dr.  E.  C.  Wines.  No  other  man  in  America  has  done 
so  much  for  tbe  reformation  of  prisons  as  Dr.  Wines.  To  him  we  owe  the  organiza- 
tion of  our  National  Prison  Association,  which  has  met  annually  from  1870  to  1895, 
and  every  year  in  a  different  State,  and  its  influence  for  good  in  prison  progress  has 
been  more  potential  than  all  other  causes  combined.  The  National  Prison  Associa- 
tion of  America  was  organized  in  1870,  and  out  of  it  grew  the  International  Prison 
Congress,  which  held  its  first  session  in  London  in  1872.  and  therefore  America  is 
proud  to  unite  with  Europe  in  according  high  honor  to  that  godly  man  and  Chris- 
tian philanthropist. 

Dr.  Guillaume  has  suggested  the  desirability  of  a  representative  from  America 
upon  the  International  Prison  Commission,  and  I  am  very  glad  to  say  that  this  sug- 
gestion has  been  anticipated  by  the  American  delegates.  At  a  meeting  held  July  4, 
it  was  voted  by  the  American  delegation  to  present  the  matter  to  the  National  As- 
sociation. I  hope  America  will  have  a  member  upon  the  International  Commission 
for  the  Congress  of  1900. 

And  now,  Mr.  President,  in  conclusion,  allow  me  to  say,  on  behalf  of  the  Amer- 
ican delegation,  that  we  are  glad  to  be  here,  and  that  we  appreciate  very  highly  the 
many  courtesies  we  have  received  from  the  delegates  of  other  countries,  and  espe- 
cially that  we  appreciate  the  wonderful  hospitality  of  the  citizens  of  Paris  and  of 
France  in  the  entertainments  and  attentions,  botli  official  and  unofficial,  that  have 
been  extended  to  us  and  to  all  other  members  of  the  Congress.  America  is  the  friend 
of  all  nations  and  the  enemy  of  none,  but  she  is  especially  friendly  to  the  Republic 
of  France. 

On  Tuesday,  July  9,  a  grand  reception  was  given  by  the  city  of  Paris, 
at  the  Hotel  de  Ville.  In  the  splendid  banquet  hall  350  covers  were 
laid,  and  toasts  were  offered  by  the  president  of  the  municipal  council 
and  M.  Galkine-Wraskoy.  After  the  dinner  a  brilliant  literary  and 
musical  soiree  was  held  in  another  grand  salon,  one  of  the  features  of 
which  was  a  reproduction  of  early  music  upon  ancient  instruments, 
some  old-time  dances  in  the  costumes  of  the  period,  and  songs  and 
arias,  popular  and  classical. 


FIFTH    INTERNATIONAL   PRISON    CONGRESS.  73 

Wednesday.  July  10,  a  parting  soiree  to  the  members  of  the  Congress 
was  extended  by  the  department  of  general  inspection  under  the  min- 
ister of  the  interior.  A  reception  was  held  at  the  Palmarium,  and  the 
interchange  of  friendship  and  words  of  farewell  were  enlivened  by  a 
literary  and  musical  programme. 

A   TRIBUTE   TO   LAFAYETTE. 

In  view  of  the  fact  that  the  anniversary  of  the  declaration  of  Amer- 
ican Independence  occurred  during  the  session  of  the  Congress,  it  was 
suggested  by  Mr.  Henry  C.  Eanney,  of  Cleveland,  Ohio,  that  there 
could  be  no  more  appropriate  way  of  observing  it  than  by  making  a 
pilgrimage  to  the  tomb  of  Lafayette  and  decorating  it  with  flowers. 
The  proposition  was  received  with  great  unanimity  and  satisfaction  by 
the  American  delegates,  and  a  special  committee,  of  which  Mr.  Ranney 
was  chairman,  was  appointed  to  make  the  necessary  arrangements. 
A  general  invitation  was  extended  to  Americans  in  Paris  to  accompany 
the  delegation.  On  the  morning  of  July  4  the  delegation  proceeded  by 
carriage  to  the  cemetery  of  Picpus,  in  which  is  the  tomb  of  Lafayette. 
A  beautiful  wreath  of  flowers,  fitly  inscribed,  was  placed  upon  the 
tomb,  and  Mr.  Charlton  T.  Lewis,  of  New  York,  who  had  been  requested 
by  the  delegates  to  make  the  address,  spoke  substantially  as  follows : 

LADIES  AND  GENTLEMEX,  CITIZENS  OF  THE  UNITED  STATES  SOJOURNING  IN  THB 
CAPITAL  OF  THE  GREAT  SISTER  REPUBLIC  :  There  is  not  among  all  the  scenes  around 
which  cluster  the  interesting  and  memorable  associations  of  European  history  one 
place  more  suggestive  to  us  of  deep  feelings  and  of  far-reaching  thoughts  than  this. 
Here  lie  the  mortal  remains  of  the  leader  in  that  great  movement  which  began  by 
reenforcing  the  New  World  in  its  struggle  for  freedom,  at  its  most  critical  hour,  by 
the  public  opinion  and  the  military  power  of  the  foremost  monarchy  in  the  Old  World, 
and  which  continued  until  the  reflex  wave  of  the  spirit  of  emancipation  flowed  back 
upon  these  shores.  Nay,  his  guidance  of  the  movement  lasted  through  nearly  two 
generations  of  men,  until  its  triumphs  in  both  hemispheres  was  assured ;  and  we  see 
around  us  here,  in  the  orderly  freedom  and  progressive  institutions  of  renovated 
France,  the  conclusive  evidence  that  the  movement  itself  has  not  yet  culminated, 
but  may  be  expected  to  go  on  for  the  lasting  encouragement  of  civilization  and  for 
the  consummation  of  the  best  hopes  of  mankind.  Lafayette  in  early  youth  was  an 
important  and  perhaps  an  essential  force  in  bringing  about  the  independence  of  the 
American  colonies  and  the  foundation  of  the  great  Western  Republic,  and  after- 
wards, through  a  long  life  of  devotion  to  the  principle  that  all  sovereignty  is  vested 
in  the  whole  people,  became  the  foremost  representative  of  the  most  progressive 
social  organization,  that  which  combines  the  highest  freedom  with  the  maintenance 
of  civil  order,  in  the  Old  World.  His  life  earned  the  title  of  the  "  Hero  of  liberty 
on  two  continents."  But  that  life  has  never  been  written. 

The  literature  which  we  call  history  has  been  too  much  influenced  by  the  tradi- 
tional notions  of  mediaeval  culture  on  the  one  hand,  or  by  the  anarchic  passions  of 
a  disorganizing  social  philosophy  on  the  other;  and  the  noble  conservatism,  the  dis- 
interested patriotism,  the  self-sacrificing  love  of  humanity,  the  genius  for  divining 
the  worth  of  principle  and  for  controlling  and  simplifying  by  it  all  notions  and 
suggestions  of  immediate  policy,  have  never  been  fully  appreciated  by  the  popular 
writers  who  depict  to  us  the  stormy  days  through  which  France  has  passed  from 
tyranny  to  self-government.  Lafayette  himself  deliberately  refused  throughout  his 
later  years  to  write  those  memoirs  for  which  his  friends  and  the  friends  of  truth  so 


74  FIFTH    INTERNATIONAL   PRISON    CONGRESS. 

often  asked  him.  No  life  of  modern  times  is  so  romantic  as  his;  no  life  in  any  age 
was  ever  so  full  of  wonderful  vicissitudes.  More  than  once,  and  for  considerable 
periods,  he  was  at  the  summit  of  power,  and  practically  the  dictator  of  France; 
more  than  once  he  was  the  idol  of  the  people,  and  his  popularity  outshone  that  of 
his  country's  most  successful  warriors  and  most  influential  statesmen.  At  other 
times  he  was  proscribed — now  by  the  voice  of  the  mob  assuming  to  be  the  voice  of 
the  nation,  and  again  by  the  will  of  the  military  tyrant  who  had  bent  or  broken 
everything  else  before  him  save  the  mind  and  will  of  Lafayette.  But  amid  it  all  the 
faith  of  the  hero  was  serene  and  firm  in  the  ultimate  triumph  of  truth,  and,  declin- 
ing to  give  to  the  world  any  apology  or  story  of  his  own  life,  he  simply  declared, 
"The  day  will  come  when  liberty  shall  be  established  in  the  Old  World  as  in  the  New, 
and  then  history  will  set  every  man  and  every  fact  in  its  right  place."  Now  that 
his  two  countries,  each  of  which  long  recognized  in  him  its  foremost  citizen,  have 
become,  the  one  the  controlling  power  in  the  Western  Hemisphere  and  the  other 
the  leader  of  civilization  on  the  continent  of  Europe,  and  both  have  achieved  a  com- 
plete social  organization  on  the  basis  of  orderly  freedom,  the  time  has  come  when 
the  name  of  Lafayette  may  be  set  in  its  true  place.  We  salute  his  ashes  with  infi- 
nite gratitude  for  his  services  to  our  own  land,  and  we  call  upon  all  the  citizens  of 
republican  France,  who  are  enjoying  the  freedom  for  which  he  struggled  and  suffered 
through  a  long  life,  to  join  us  in  placing  a  garland  upon  his  grave. 

ACKNOWLEDGMENTS. 

The  members  of  the  American  delegation  gratefully  acknowledge  the 
courtesies,  attention,  kindness,  and  hospitality,  official  and  unofficial, 
which  they  received  in  Paris.  So  generous  and  abundant  was  this 
hospitality  that  it  would  not  be  possible  to  acknowledge  it  all  in  detail, 
Special  thanks  must  be  rendered,  however,  to  M.  Duflos  and  M.  Robin  for 
their  unfailing  courtesy  and  their  untiring  zeal.  We  wish,  likewise,  to 
render  thanks  to  everyone  in  the  administration  of  the  interior  depart- 
ment who  by  clerical  or  personal  labors  contributed  to  the  convenience 
of  the  delegates.  To  Dr.  Guillaume,  the  general  secretary,  who  was  so 
intimately  associated  with  the  late  Dr.  Wines  in  the  establishment  of 
the  series  of  International  Congresses,  and  who  has  held  the  honor- 
able post  of  general  secretary  for  so  many  years,  the  American  dele- 
gation are  indebted  for  an  official  and  personal  interest  which  never 
flagged. 

The  secretary  of  the  delegation  returns  thanks  to  M.  Duflos  for 
forwarding  documents,  and  also  to  the  secretaries  of  the  Societe  Gener- 
ale  des  Prisons,  whose  admirable  summary  of  the  proceedings  of  the 
Congress  has  been  of  great  service  in  the  preparation  of  this  report, 
especially  as  the  official  proceedings  of  the  Congress  are  not  yet 
available. 

A  beautiful  souvenir  of  the  Congress  is  retained  by  each  delegate  in 
the  shape  of  a  commemorative  medal,  bearing  on  one  side  what  the 
classical  student  might  regard  as  a  head  of  Minerva,  but  which  seems 
to  symbolize  the  fair  features  of  the  still  youthful  French  Republic. 
The  reverse  presents  a  view  of  Paris,  with  the  Palace  of  Justice  and 
Notre  Dame  as  conspicuous  figures.  The  medal,  engraved  by  Roty,  is 
a  beautiful  piece  of  workmanship,  and  the  name  of  the  delegate  receiv- 
ing it  is  engraved  on  it. 


FIFTH   INTERNATIONAL   PRISON   CONGRESS.  75 

RECOMMENDATIONS   BY  THE   AMERICAN  DELEGATES. 

The  official  delegates  of  the  United  States,  in  closing  this  report, 
respectfully  submit  a  few  recommendations  derived  from  their  studies 
and  experience  at  home  and  abroad: 

(1)  The  general  adoption  by  the  different  States  and  municipal  police 
departments  of  the  Bertillou  system  of  identifying  criminals  as  described 
in  the  two  papers  in  the  second  part  of  this  report.    In  order  to  secure 
the  largest  results  a  central  bureau  should  be  established  at  Washing- 
ton under  the  control  of  the  Department  of  Justice,  and  supported  by 
the  General  Government,  to  which  duplicates  of  all  Bertillou  measure- 
ments should  be  sent,  and  where  they  should  be  so  classified  that  the 
identification  of  an  habitual  or  professional  criminal  arrested  in  any 
State  or  Territory  of  the  United  States  may  be  rendered  certain  through 
the  information  furnished  from  said  bureau. 

(2)  The  adoption  by  the  different  States  of  the  indeterminate  sen- 
tence ,  and  the  parole  law  when  combined  with  a  proper  reformatory 
system. 

(3)  The  centralization  of  prison  administration  in  each  State,  so  as 
to  secure  uniformity  and  improvement  in  method. 

One  of  the  most  marked  tendencies  in  modern  penology  is  the  treat- 
ment of  crime  as  a  general  rather  than  as  a  local  disease.  The  different 
penal  codes  in  the  different  States,  with  all  their  confusion  and  contra- 
diction, show  local  estimates  of  the  nature  of  crime,  and  the  system  of 
treating  it  has  been  founded  likewise  on  local  ideas.  Thus,  in  most 
States  there  are  county  prisons.  These  vary  greatly  in  method  and 
administration.  The  system  is  expensive  and  ineffective.  Perhaps  no 
better  means  for  the  perpetuation  of  crime  could  be  devised  than  that 
of  the  county  jail  in  which  prisoners  of  all  ages  and  classes  are  huddled 
together  promiscuously.  A  few  State  institutions,  thoroughly  equipped 
and  organized,  can  deal  with  criminals  better  than  twenty  or  fifty  scat- 
tered throughout  the  State.  In  England  the  local  method  of  treating 
crime  and  criminals  prevailed  for  many  years,  until  finally  the  whole 
prison  system  was  taken  into  the  control  of  the  National  Government. 
The  number  of  prisons  was  soon  reduced  from  more  than  a  hundred  to 
fifty-nine,  and  there  was  a  gradual  falling  off  in  the  prison  population. 
Centralized  systems  of  administration  have  been  adopted  in  most  con- 
tinental countries.  It  is  evident  that  under  such  a  system  greater 
uniformity  can  be  secured.  In  this  country  we  can  not  have  a  central- 
ized Federal  administration  of  prisons ;  but  there  is  no  reason  why  there 
should  not  be  a  central  administration  in  every  State. 

We  also  earnestly  recommend  that  in  the  erection  of  the  proposed 
new  jails  in  Indian  Territory  by  the  Federal  Government,  they  be 
planned  upon  the  best  English  or  Belgian  models,  so  as  to  secure  the 
absolute  separation  of  prisoners  awaiting  trial. 

(4)  We  recommend  the  adoption  of  a  system  of  probation  as  now 
established  in  Massachusetts  and  adopted  with  various  modifications 


76  FIFTH    INTERNATIONAL    PRISON    CONGRESS.. 

in  France,  Belgium,  England,  and  Australia.  We  add,  however,  that 
the  system  of  investigation  and  supervision  established  in  Massachu- 
setts, with  probation  officers  at  every  criminal  court  throughout  the 
State,  is  an  important  and  desirable  feature,  which  ought  not  to  be 
overlooked  in  the  adoption  of  this  system  by  other  States. 

(5)  We  believe  that  the  system  which  now  generally  prevails  in 
Europe  of  allowing  prisoners  a  portion  of  their  earnings,  either  in  the 
shape  of  a  gratuity  or  as  a  wage  for  their  labor,  may  be  adopted  profit- 
ably in  the  United  States.    Its  value  has  already  been  demonstrated 
in  Pennsylvania,  Minnesota,  Wisconsin,  and  possibly  in  other  States. 

(6)  Ko  prison  system  can  be  effective  which  is  not  reformatory  in  its 
character.     As  essential  elements  in  a  reformatory  system,  we  would 
name  the  necessity  of  prison  labor,  prison  schools  for  general,  manual, 
and  technical  education,  combined  with  moral  instruction,  the  indeter- 
minate sentence,  a  proper  system  of  grading,  and  the  parole  law. 

(7)  We  urge  the  organization  in  the  United  States  of  societies  of 
patronage  for  aiding  discharged  prisoners  and  refer  to  an  exposition  of 
European  methods  in  a  paper,  accompanying  this  report,  prepared  by 
Samuel  J.  Barrows. 

(8)  We  recommend  that  the  Department  of  Justice  be  authorized 
and  empowered  to  obtain  and  publish  the  annual  statistics  of  accusa- 
tions, arrests,  trials,  and  convictions  for  crime  in  the  different  States 
of  the  American  Union,  so  that  the  truth  maybe  known  on  this  sub- 
ject and  the  variation  in  the  amount  of  crime  due  to  varying  social 
conditions  may  be  recorded  for  comparison  in  years  to  come. 

(9)  We  are  glad  to  see  that  the  General  Government,  by  the  estab- 
lishment of  a  Federal  prison  at  Fort  Leaven  worth,  has  recognized  its 
responsibility  for  the  care  and  treatment  of  prisoners  convicted  of  viola- 
tions of  Federal  laws,  and  trust  that  appropriations  will  soon  be  made 
to  carry  into  effect  the  law  now  on  the  statute  book  authorizing  the 
erection  of  three  Federal  prisons. 

(10)  Finally,  your  delegates  would  strongly  recommend  the  appoint- 
ment of  a  member  to  represent  the  United  States  on  the  permanent 
commission  of  the  International  Congress.    The  reasons  for  this  rec- 
ommendation are  set  forth  fully  in  the  introduction  to  this  report. 

ROELIFF  BRINKERHOFF. 
EGBERT  W.  MCCLAUGHRY. 
CHARLTON  T.  LEWIS. 
SAMUEL  J.  BARROWS. 


II. 


SPECIAL   REPORTS. 


77 


BRITISH  AND  CONTINENTAL  PRISONS. 


By  Gen.  ROELIFF  BRINKERHOFF, 
President  of  the  American  Delegation  at  the  International  Prison  Congress  in  Paris. 


On  my  way  to  Paris  to  attend  the  International  Prison  Congress,  and 
also  in  returning,  I  embraced  the  opportunity  to  visit  charitable  and 
correctional  institutions  in  the  British  islands  and  upon  the  Continent, 
as  far  as  my  time  would  permit,  and  it  seems  proper  that  I  should 
make  some  report  of  observations  made  and  impressions  received. 

Of  course,  in  a  flying  visit  of  an  hour  or  two  at  an  institution  no 
inspection  can  be  made  that  would  warrant  any  attempt  at  a  detailed 
report,  but  to  one  familiar  with  similar  institutions  in  America  it  is  not 
difficult  to  arrive  at  satisfactory  conclusions  as  to  comparative  merits 
and  results. 

In  Europe  penal  institutions  are  not  open  to  the  general  public  as 
they  are  in  America,  and  to  visit  them  permits  must  be  secured  through 
departments  of  justice  or  other  central  authority,  and  I  am  not  sure 
but  in  this  requirement  they  are  nearer  right  than  we  are.  However, 
through  the  courtesy  of  our  American  ministers  and  consuls  applica- 
tions were  made  in  advance  and  permits  secured,  so  that  there  were  no 
detentions  anywhere,  and  officials  everywhere  gave  me  prompt  and 
courteous  attention,  and  every  opportunity  was  offered  for  inspection 
and  information. 

I  was  accompanied  by  my  colleague  from  Ohio,  Mr.  Philip  W.  Ayres, 
of  Cincinnati,  and  as  he  could  speak  both  French  and  German  he  was 
of  great  service  upon  the  Continent  as  interpreter. 

We  landed  at  Queeustown  June  7,  and  spent  three  weeks  in  Ireland, 
Scotland,  and  east  England,  before  going  to  Paris,  and  then  on  our 
return,  in  August,  we  spent  two  weeks  in  south  and  west  England. 

BRITISH  PENAL  INSTITUTIONS. 

Prior  to  1877  all  prisons  in  the  British  islands  were  under  the  control 
of  the  county  authorities  and  some  were  good  and  some  were  bad,  and 
there  was  no  general  system  of  management;  but  in  1877  by  act  of 
Parliament,  known  as  the  prisons  act,  all  the  prison  establishments  in 
the  three  kingdoms,  and  their  contents,  except  goods  manufactured  for 

79 


80  FIFTH   INTERNATIONAL    PRISON    CONGRESS. 

sale  and  materials  provided  for  that  purpose,  were  transferred  to  the 
General  Government,  in  the  home  secretary. 

In  rearranging  the  distribution  of  prisoners,  power  was  given  to  the 
secretary  to  set  apart  certain  prisons  for  particular  classes  of  prisoners, 
and  it  was  provided  that  if,  in  pursuance  of  such  classification,  a  pris- 
oner was  moved  out  of  the  jurisdiction  he  belonged  to,  he  should,  on 
discharge,  be  sent  back  thither  at  the  public  expense.  As  the  closing 
of  a  prison,  which  any  authority  had  provided  for  its  prisoners,  ren- 
dered necessary  the  assignment  of  some  other  prison  for  that  purpose, 
the  secretary  of  state  was  empowered  to  substitute  such  other  prison 
accordingly;  and  further,  a  general  power  was  given  to  the  secretary 
of  state  to  permit  prisoners  to  be  committed  to  a  prison  in  an  adjoining 
county. 

The  prison  acts  of  1877  abolished  the  "visiting  justices,"  who  had 
prior  to  that  time  controlled  the  prisons  in  the  several  counties  and 
transferred  the  powers  and  duties  of  those  bodies  to  a  prison  commis- 
sion in  each  of  the  three  kingdoms,  to  be  appointed  by  the  home  secre- 
tary, and  these  commissions  have  the  appointment  and  control  of  the 
officers  and  the  administration  of  all  prisons  in  regard  to  discipline, 
buildings,  contracts,  and  expenditures  of  all  kinds,  subject,  however, 
to  rules  and  regulations  prescribed  by  the  home  secretary.  These  rules 
are  the  same  in  all  prisons  of  similar  grades  in  the  three  kingdoms, 
and  the  results  are  that  the  only  differences  in  prisons  are  such  as 
arise  from  differences  in  construction  and  equipment  or  efficiency  of 
administration. 

This  rigorous  uniformity  doubtless  gives  a  higher  average  efficiency, 
but  it  cuts  off  all  initiative  on  the  part  of  prison  officers,  and  it  is  a 
serious  question  whether  this  procrustean  uniformity  is  not  a  hindrance 
to  progress  in  many  directions.  Upon  the  whole,  the  system  works 
well,  but  it  would  seem  desirable  that  prison  governors  should  have 
some  latitude  for  the  expression  of  their  own  individuality. 

VISITING    COMMITTEES. 

As  a  partial  check,  however,  upon  the  evils  of  centralization,  the  act 
of  1877  created  for  each  county  what  is  known  as  a  visiting  committee 
of  justices,  appointed  by  the  court  of  general  sessions  from  the  magis- 
trates of  the  county,  whose  functions  are  to  hear  and  examine  into 
reports  against  prisoners  in  local  prisons  and  to  award  punishments 
for  them;  to  report  on  any  abuses  within  the  prison  which  may  come 
to  their  knowledge,  and  to  hear  any  complaints  the  prisoners  may  make. 

The  number  of  local  prisons  taken  over  by  the  Government  was  too 
large  to  admit  of  frequent  visitation  by  the  commissioners,  and  there- 
fore they  are  assisted  by  inspectors  who  pay  monthly  visits  of  inspec- 
tion and  hear  prisoners'  complaints,  but  do  not  try  them  for  prison 
offenses.  The  latter  function  is  filled  by  the  visiting  committee  of  local 
justices. 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  81 

Corporal  punishment  is  allowed  to  a  limited  extent  in  British  prisons, 
but  can  only  be  inflicted  upon  the  order  of  the  committee  of  visiting 
justices,  after  a  fair  hearing  of  the  case  on  both  sides. 

Under  this  system  of  supervision  and  inspection,  it  would  seem  that 
abuses  to  any  large  extent  can  not  exist  without  detection. 

GRADES   OF   PRISONS. 

For  prisoners  convicted  of  felony  there  are  two  grades  of  prisons. 
Those  for  high  crimes,  or  under  sentence  of  penal  servitude,  as  it  is 
termed,  are  called  convict  prisons,  and  the  others  are  known  as  local 
prisons.  All  prisoners  sentenced  for  more  than  two  years  are  for  penal 
servitude. 

In  England  there  are  six  convict  prisons,  but  this  number  is  to  be 
reduced  to  five.  In  these  prisons  the  prisoners  are  worked  in  associa- 
tion upon  the  public  works,  under  the  Auburn  system.  Prisoners  of 
this  grade,  however,  are  kept  in  a  local  prison  for  nine  mouths  after 
their  conviction,  under  the  separate  system,  in  solitary  confinement. 
This  period,  however,  can  be  shortened  by  good  behavior. 

Local  prisons,  which  prior  to  1877  were  county  jails,  are  now  occupied 
by  prisoners  not  sentenced  to  penal  servitude,  which  includes  prisoners 
awaiting  trial,  and  misdemeanants.  To  this  there  is  no  objection  on 
account  of  corrupting  associations,  as  each  prisoner,  with  limited 
exceptions,  is  separated  from  every  other  prisoner  and  works  in  his 
cell.  The  cells  are  much  larger  than  in  American  jails.  Twice  a  day 
prisoners  are  permitted  to  exercise  in  the  open  air  in  places  prepared 
for  that  purpose  under  supervision  of  an  officer. 

In  London,  however,  all  prisoners  awaiting  trial  are  confined  in 
Hollaway  Prison  under  the  separate  system. 

Every  prison  has  a  governor,  or  officer  acting  as  such,  a  chaplain,  a 
doctor,  clerks  and  storekeepers,  a  matron  and  warders  of  various  grades, 
all  of  whom  come  in  under  civil  service  rules,  and  no  changes  are  made 
except  for  misconduct  or  inefficiency.  In  the  larger  prisons  there  are, 
in  addition  to  the  employees  named  above,  a  Roman  Catholic  priest, 
a  schoolmaster,  a  druggist,  a  hospital  nurse,  and  an  artisan  warder  to 
look  after  the  buildings. 

Under  this  centralized  system  of  management,  all  prisons  of  the 
same  grade  are  uniform  in  their  administration,  and  when  you  have 
seen  one  you  have  practically  seen  all. 

In  connection  with  each  prison  there  is  a  discharged  prisoners'  aid 
association,  which  is  of  great  value  in  securing  work  for  prisoners  and 
giving  them  a  new  start  in  life.  These  societies  are  voluntary  and  are 
not  controlled  by  the  Government,  but  they  work  in  harmonious  co- 
operation with  prison  officials,  and  their  funds  are  supplemental  by 
the  Government  grants.  There  are  probably  100  of  these  societies  in 
the  British  islands.  The  number  reported  for  England  is  67. 
S.  Doc.  181 6 


82  FIFTH    INTERNATIONAL   PRISON   CONGRESS. 

JUVENILE   REFORMATORIES. 

Juveuile  reformatories  are  not  under  the  control  of  the  British  com- 
missions, but  are  mainly  private  institutions  under  Government  subsidy 
and  inspection.  They  are  known  as  certified  reformatories  and  certi- 
fied industrial  schools,  and  there  are  about  200  of  them  in  the  British 
Islands. 

These  institutions,  so  far  as  I  saw  them,  did  not,  on  an  average,  com- 
pare favorably  with  similar  institutions  in  America.  British  prisons, 
however,  as  a  whole,  are  in  advance  of  ours,  although  there  are  individ- 
ual prisons  in  America  that  are  equal  to  any  in  the  world,  but  they  are 
rare  exceptions. 

IRISH  PRISONS. 

The  first  prison  we  visited  in  Ireland  was  a  local  prison  at  Cork, 
known  as  the  Cork  Male  Prison,  and  we  were  afforded  every  facility 
for  inspection  by  the  governor,  who  accompanied  us.  We  found  the 
prison  admirably  managed  in  all  of  its  departments  and  a  model  of 
cleanliness.  There  were  188  prisoners,  some  of  whom  were  awaiting 
trial,  and  a  few  were  military  prisoners.  The  average  number  for  the 
year  is  about  200.  The  cells  were  8  by  15  feet  in  size. 

The  next  prison  visited  was  Mount  Joy,  in  Dublin,  June  8.  This  is 
both  a  convict  and  local  prison,  where  325  prisoners  were  under  sen- 
tence for  penal  servitude  and  232  for  short  sentences  or  awaiting  trial. 
We  were  accompanied  by  one  of  the  prison  commissioners  for  Ireland 
and  by  the  governor  of  the  prison.  The  cells  were  7  by  13,  and  9  feet 
high.  We  also  visited  the  convict  prison  for  women  near  by,  with  217 
inmates.  We  spent  three  or  four  hours  in  going  through  them.  The 
administration  of  these  prisons,  including  the  Cork  local  prison,  is  far 
superior  to  any  we  have  iii  Ohio,  and  there  are  but  few  in  America  that 
equal  them,  and  I  have  no  doubt  this  superiority  of  management 
extends  to  all  Irish  prisons,  for  they  are  all  under  the  control  of  the 
prison  commission  and  the  same  rules  and  regulations  are  applicable 
to  all  of  them.  At  Mount  Joy  Prison  the  report  of  the  governor  for 
the  year  ending  March  31, 1895,  indicates  the  employment  of  convicts  as 
"tailoring,  shoemaking,  smithing,  etc.,"  for  the  prison  service  generally; 
baking  bread  for  all  the  Dublin  prisons;  cutting  firewood,  making  mats, 
matting,  etc.,  chiefly  for  other  public  departments;  making  wire  net- 
work, cleaning,  gardening,  etc.,  for  the  service  of  the  prison;  erecting 
new  buildings  and  keeping  existing  buildings,  fences,  etc.,  in  proper 
repair. 

The  governor  reports  the  convicts  in  general  as  well-behaved  and 
amenable,  with  but  few  punishments,  none  of  which  were  corporal. 
One  of  the  commendable  features  of  Mount  Joy  are  the  houses  for 
married  warders  outside  of  the  prison  wall. 

The  prison  commissioners,  three  in  number,  impressed  ine  as  very 


FIFTH    INTERNATIONAL   PRISON   CONGRESS.  83 

superior  men,  and  prison  officers  and  prison  employees  are  especially 
trained  to  their  work,  and  their  terms  of  office  are  during  good  behavior, 
and  upon  retirement  receive  a  pension. 

JUVENILE   REFORMATORIES. 

At  Belfast,  June  10,  we  visited  in  the  morning  the  Malone  Protestant 
Institution  for  boys,  which  seems  rather  an  asylum  for  homeless  boys 
than  a  reformatory.  There  were  76  boys  who  were  sent  there  by  mag- 
istrates. There  are  36  acres  of  ground  and  the  boys  seemed  fairly  well 
cared  for,  but  the  institution  did  not  compare  favorably  with  similar 
institutions  in  America.  In  the  afternoon  we  visited  the  training  ship 
Grampian,  Commander  A.  J.  O'Rourke,  a  retired  naval  officer.  This  is 
one  of  quite  a  number  of  training  ships  in  the  British  Islands  and  the 
first  of  its  kind  I  had  ever  seen,  and  I  was  greatly  interested  and 
pleased.  The  ship  was  an  old,  discarded  three-decker  man-of-war,  but 
in  good  repair  and  condition  for  occupancy  for  the  training  of  boys  to 
be  sailors.  The  average  number  of  boys  was  240  and  the  per  capita 
cost  of  maintenance  per  annum  about  $80,  a  part  of  which  is  paid  by 
the  Government  and  part  by  the  municipality.  In  addition  to  the 
ordinary  requirements  of  a  seaman,  the  boys  were  taught  tailoring, 
shoemaking,  and  carpentering. 

The  regular  school  curriculum  seemed  very  thorough,  under  compe- 
tent teachers,  and  the  whole  administration  of  the  ship  seemed  efficient 
in  all  departments.  Commander  O'Rourke  and  his  wife  reside  upon 
the  ship,  and  the  daily  life  of  the  ship  is  that  of  one  large  family.  In 
the  matter  of  preventive  and  reformatory  work,  I  saw  nothing  abroad 
more  worthy  of  imitation  in  America  than  the  training  ship  for  boys  in 
the  British  Islands. 

BELFAST  UNION   WORKHOUSE. 

A  workhouse  in  the  British  Islands  is  not  a  place  for  the  punishment 
of  misdemeanants  as  in  America,  but  is  a  place  for  the  care  of  the 
dependent  poor. 

The  Belfast  workhouse  is  a  large  institution  with  a  population  rang- 
ing from  3,000  to  4,000,  according  to  the  season.  There  are  four  depart- 
ments, numbering  the  day  we  were  there,  lunatics,  500;  children,  220; 
sick  in  hospital,  1,467;  aged  and  infirm,  900.  The  amount  of  ground  is 
only  32  acres,  which  is  not  sufficient,  and  the  four  departments  ought 
to  be  separate  institutions,  but  still  the  administration  seemed  very 
efficient,  and  the  inmates  are  probably  as  well  cared  for  as  they  can  be 
under  the  circumstances. 

One  feature  was  especially  praiseworthy,  and  that  was  that  every 
inmate,  not  physically  incapacitated,  should  be  engaged  every  day  in 
some  productive  employment. 

The  whole  system  of  caring  for  the  poor  in  the  British  Islands,  and 
especially  in  the  manner  of  administering  outdoor  relief  by  coutribu- 


84  FIFTH    INTERNATIONAL    PRISON   CONGRESS. 

tions  in  money,  did  not  impress  me  favorably.  We  have  the  same  gen- 
eral system  in  America,  with  some  improvements,  but  America  and 
Great  Britain  are  both  far  behind  most  continental  nations  in  dealing 
with  the  poor.  At  Glasgow,  in  Scotland,  we  visited  a  similar  institu- 
tion, known  as  the  Baruhill  Poorhouse,  but  its  average  population  was 
only  1,060,  and  therefore  was  less  crowded,  and  its  administration 
seemed  very  efficient.  In  the  employment  of  inmates  it  was  especially 
noteworthy,  and  everyone  not  physically  incapacitated  was  utilized  in 
some  way.  The  amount  of  laud  belonging  to  the  institution  is  30  acres, 
which  is  about  the  same  as  at  Belfast. 

The  inmates  in  both  of  these  institutions  are  employed  mainly  in  the 
usual  routine  of  household  requirements  and  in  making  bunches  of 
kindlings  for  sale  to  outside  customers. 

SCOTCH    PRISONS. 

Scotch  prisons,  like  those  in  Ireland  and  England,  are  under  the 
uniform  regulations  prescribed  by  the  home  secretary  in  London,  and, 
judging  from  what  we  saw,  are  practically  the  same  in  their  results. 

In  Glasgow  we  visited  a  prison  with  166  cells  for  male  prisoners 
awaiting  trial,  and  admirably  arranged  and  administered  so  as  to 
insure  absolute  separation;  also  Her  Majesty's  prison  for  females,  with 
240  inmates,  under  the  separate  system,  and  managed  entirely  by 
women. 

In  the  male  prison  the  size  of  cells  is  7  by  10  feet,  and  in  the  female 
prison  8  by  10  feet.  Both  are  local  prisons.  At  Perth  we  found  a 
prison  with  600  cells  and  only  200  prisoners.  It  is  a  convict  prison,  but 
most  of  this  class  are  now  taken  to  Peterhead,  which  is  the  main  con- 
vict prison  for  Scotland.  Vacant  cells,  however,  is  a  notable  feature  in 
most  prisons  in  the  British  Islands,  and  verified  the  statistics  which 
indicate  a  steady  decrease  of  crime  in  recent  years. 

In  Edinburg  we  visited  Her  Majesty's  prison  known  as  the  Galton 
Jail,  with  254  male  prisoners  and  80  females.  All  work  in  cells  under  the 
separate  system.  The  industries  are  mat  making,  repairing  sacks,  and 
oakum  and  rope  picking.  Architecturally  and  constructively  this  is 
the  best  prison  we  saw.  The  cells  are  8  by  13  feet  in  size. 

ENGLISH    PRISONS. 

In  England  there  are  57  local  prisons  and  6  convict  prisons.  All  of 
the  latter  are  south  of  London,  and  of  these  we  visited  but  four,  one 
north,  one  central,  and  two  south. 

At  New  Castle  on  Tyne  we  found  an  old  structure  with  something 
over  100  prisoners  (one  third  of  whom  were  females),  and  apparently 
well  administered.  The  industries  for  males  are  stone  breaking,  ship- 
fender  making,  gun  sponge  making,  oakum  picking,  and  prison  repairs ; 
for  females,  washing,  knitting,  and  repairing. 


FIFTH    INTERNATIONAL   PRISON   CONGRESS.  85 

PENTONVILLE   PRISON. 

Pentonville  Prison  in  London  was  opened  in  1842,  and  in  construction 
was  modeled  after  the  Eastern  Pennsylvania  Penitentiary,  and  all  Brit- 
ish prisons  since  built  are  more  or  less  imitations  of  Pentonville..  Here 
we  found  about  1,000  prisoners.  Here,  for  the  first  time,  we  found  a 
tread  wheel  in  operation,  furnishing  power  for  grinding  flour  for  prison 
use.  On  it  280  men  can  be  employed  if  necessary.  The  rule  is  fifteen 
minutes  on  and  five  off  for  five  hours  a  day.  It  is  a  barbarous  form  of 
labor  and  is  being  supplemented  by  regular  industries  in  most  British 
prisons.  Other  industries  at  Pentonville  are:  mail-bag  and  coal-sack 
making  for  the  Government,  baking  bread  for  the  prison,  and  at  Hallo- 
way  (where  all  prisoners  in  London  awaiting  trial  are  held),  oakum 
picking,  shoemaking,  tailoring,  blacksmithing  and  joiner's  work,  and 
sack  and  brush  making.  The  cells  at  Pentonville  are  8  by  15  feet,  with 
680  cubic  feet  of  air  5  hospital  cells,  1.000  cubic  feet. 

PARKHURST. 

Parkhurst  prison  on  the  Isle  of  Wight  is  the  one  to  which  prisoners 
under  sentence  to  penal  servitude  are  sent,  who,  through  any  physical 
weakness  or  infirmity,  are  not  considered  strong  enough  for  labor  upon 
the  public  works. 

The  average  number  of  prisoners  is  about  600,  and  are  all  high-grade 
criminals  sentenced  for  more  than  three  years.  Here,  as  in  all  of  the 
six  prisons  of  this  class,  the  prisoners  work  in  association  under  the 
Auburn  system  of  associated  labor  by  day  and  cellular  separation  at 
night,  and  taking  it  as  a  whole  I  do  not  know  of  any  prison  of  that 
system  in  the  world  which  is  more  efficiently  administered. 

All  prisoners  convicted  of  their  first  offense  are  known  as  the  "  star 
class"  and  wear  a  star,  and  are  kept  entirely  separate  from  the  o  fliers 
who  are  recidivists  and  wear  a  chevron  on  their  clothing  indicating  the 
number  of  previous  convictions.  These  two  classes  have  separate  wards 
and  a  separate  hospital. 

The  prisoners  are  employed  in  a  great  variety  of  industries.  Some 
work  upon  the  farm,  some  at  the  various  trades,  as  masons,  sawyers, 
carpenters,  smiths,  painters,  etc.,  and  a  still  larger  number  in  manufac- 
turing industries,  as  tailors,  knitters,  shoemakers,  harness  makers,  mail- 
bag  makers,  fender  makers,  pickers,  net  making,  etc.  The  prison  report 
of  the  previous  year  shows  as  work  done  for  the  Admiralty  7,500  seamed 
bags,  4,132  fenders,  1,254  sailors'  caps  for  Greenwich  school,  and  816 
nets.  Here  also  is  a  fully  equipped  printing  establishment  operated  by 
120  prisoners,  in  which  printing  is  done  for  all  the  prisons  of  England. 

Prison  punishments  are  mainly  deprivation  of  privileges  and  solitary 
cell  with  bread  and  water  diet.  Formerly  a  dark  cell  was  used,  but  this 
has  been  abandoned  for  the  reason,  as  Colonel  Partridge,  the  governor, 


86  FIFTH    INTERNATIONAL   PRISON   CONGRESS. 

affirmed,  that  a  lighter  cell  was  equally  efficient  and  more  humane. 
Corporal  punishments  are  only  allowed  in  cases  of  assaults  upon  officers, 
and  then  only  upon  the  order  of  an  inspector  of  the  prison  commission 
of  London.  Opportunity  is  afforded  every  day  to  each  prisoner  to  meet 
the  governor  if  he  so  desires  for  complaint  or  consultation. 

JUVENILE   REFORMATORIES. 

Among  the  philanthropists  who  succeeded  Howard  in  the  work  of 
prison  reform,  one  of  the  most  active  and  useful  was  Mary  Carpenter, 
of  Bristol.  In  the  reformation  of  delinquent  and  neglected  children 
she  was  especially  efficient,  and  besides  advocating  their  cause  in  her 
writings  she  founded  several  reformatories,  one  of  which,  the  Red 
Lodge  Reformatory,  for  girls,  at  Bristol,  she  both  endowed  and  super- 
intended. Red  Lodge  was  established  in  1854,  and  is  still  in  active 
operation  as  a  licensed  reformatory.  Here  we  found  48  girls  commit- 
ted by  magistrates,  and  the  Government  allows  for  their  support  from 
5  to  7  shillings  a  week.  These  girls  are  sent  for  definite  terms,  but 
not  less  than  three  years.  After  three  years  they  can  be  placed  out, 
with  three  years'  supervision,  and  may  be  returned  if  they  go  wrong. 
They  are  visited  every  month  by  the  matron  or  her  assistant.  Formerly 
an  agent  was  employed,  but  it  was  found  that  visitations  from  the 
Lodge  were  more  efficient.  At  the  Lodge  the  girls  go  to  school,  and  are 
taught  all  kinds  of  household  work.  They  also  do  laundry  work  for 
outside  customers,  and  make  all  the  clothing  for  the  boys  of  the  indus- 
trial school.  During  the  three  years  the  girls  are  under  supervision 
after  being  placed  out;  one-half  of  their  earnings  is  kept  and  deposited 
to  their  credit  in  the  savings  bank,  and  is  paid  to  them  after  super- 
vision ceases.  The  institution  is  supervised  four  times  a  year  by  a 
Government  inspector. 

INDUSTRIAL  SCHOOL  FOR  BOYS. 

The  industrial  school  for  boys  at  Bristol  was  established  by  Mary 
'  Carpenter  in  1856,  and  is  known  as  the  Park  Row  Male  School.  Here 
we  found  74  boys  who  are  committed  by  magistrates  as  vagrants, 
truants,  or  incorrigibles.  For  their  keeping  7  shillings  a  week  is  paid 
by  the  Government  until  they  are  10  years  old,  when  the  amount  is 
reduced. 

The  boys  do  housework,  gardening,  shoemaking,  and  tailoring  out  of 
school  hours.  They  may  be  kept  until  16  years  old,  but  after  eighteen 
mouths  a  boy  may  be  placed  out  on  parole,  with  supervision  for  three 
years.  The  general  methods  of  management  and  supervision  are  the 
same  as  in  the  girls'  school,  and  the  results  seem  very  satisfactory,  as 
90  per  cent  of  the  boys  discharged  are  reported  as  doing  well.  This 
institution  has  an  agent  in  Canada  who  gets  places  for  boys,  and  the 
institution  pays  their  fare. 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  87 

KINGSWOOD   REFORMATORY   SCHOOL. 

We  also  visited  another  institution,  4  miles  from  Bristol,  known  as 
the  Kingswood  Reformatory,  located  where  John  Wesley  lived  and 
preached,  and  where  he  had  a  theological  seminary  and  training  school 
for  preachers.  The  little  chapel  where  Wesley  preached  is  now  used  by 
the  reformatory  people  for  morning  and  evening  prayers.  The  quaint 
old  pulpit  remains  as  Wesley  left  it.  Here  we  found  107  boys,  com- 
mitted by  magistrates  for  minor  offenses,  between  the  ages  of  10  and  16, 
who  may  be  held  until  19.  They  are  taught  industrial  employments  and 
go  to  school  three  hours  a  day.  The  equipment  of  the  institution  was 
not  what  it  ought  to  be,  but  improvements  were  in  progress,  and  the 
administration  seemed  intelligent  and  efficient. 

HARDWICKE    REFORMATORY. 

The  Hardwicke  Reformatory,  4  miles  east  of  the  city  of  Gloucester, 
is  especially  interesting  as  being  the  first  reformatory  for  boys  in  Eng- 
land, and  was  established  by  T.  Barwick  Lloyd  Baker,  esq.,  on  his 
estate  at  Hardwicke  Court  in  1851,  and  was  supported  at  his  own 
expense.  He  was  assisted  by  a  friend  who  acted  as  a  voluntary  super- 
intendent, and  they  started  with  3  young  thieves  from  London.  Their 
success  was  phenomenal,  so  that  by  1855  there  was  scarcely  a  regular 
habitualboy  thief  in  the  courts  of  Gloucestershire,  and  from  the  inspi- 
ration of  this  success  the  reformatory  system  went  all  over  the  British 
islands.  Mary  Carpenter  followed  with  her  reformatory  for  girls,  first 
ill  Gloucester  and  then  in  Bristol.  Hardwicke  has  40  inmates  and  has 
a  capacity  for  double  that  number.  It  has  60  acres  of  ground  well  cul- 
tivated. There  are  flower  gardens  and  greenhouses,  and  the  boys  are 
instructed  in  horticulture  and  general  farming.  Tailoring  and  carpen- 
tering are  also  taught.  Thomas  Gee,  the  superintendent,  has  been  in 
charge  for  forty  years,  and  during  that  time  has  had  charge  of  over  1,000 
boys,  94  per  cent  of  whom  are  reported  as  reformed.  It  is  still  doing 
good  work,  although,  on  account  of  location  and  other  reasons,  it  is 
likely  to  be  abandoned.  However,  it  has  had  a  famous  history  and 
has  done  a  noble  work. 

GLOUCESTER  JAIL. 

We  visited  the  Gloucester  Jail,  which  like  other  local  jails  is  con- 
ducted wholly  on  the  separate  system.  One  part  of  it  was  built  in  1791, 
in  accordance  with  the  suggestions  of  John  Howard,  and  is  said  to  have 
been  the  model  of  the  Cherry  Hill  Penitentiary  at  Philadelphia,  which 
gave  name  to  the  separate  system  all  over  the  world  as  the  Pennsyl- 
vania system.  This  is  not  improbable,  as  William  Penn  and  many  other 
Quaker  settlers  in  Pennsylvania  were  from  southwestern  England. 
The  separate  system,  however,  really  originated  in  Ghent,  Belgium, 
where  Howard  found  it. 


88  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

ASHFORD   REFORMATORY. 

At  Ashford,  in  the  county  of  Kent,  we  visited  a  reformatory  for  boys, 
located  on  80  acres  of  land,  which  resembled  in  its  curriculum  our  ordi- 
nary juvenile  reformatories  in  America,  although  its  equipment  was 
much  plainer.  The  buildings  are  as  inexpensive  as  any  ordinary  farm- 
house, and  furniture  and  chairs  are  bare  boards,  and  in  the  dormitories 
there  is  no  heat  in  the  coldest  weather. 

These  features  predominate  in  all  European  reformatories,  and  the 
reasons  given  are,  that  the  boys  when  placed  out  will  be  in  homes  where 
accommodations  will  be  no  better,  and  to  accustom  them  to  luxuries  in 
the  reformatories  would  make  them  dissatisfied  with  the  homes  to 
which  they  go  outside. 

At  Ashford  they  go  to  school  five  and  one-half  hours  a  day.  The 
trades  taught  are  carpentering,  tailoring,  blacksmithing,  and  farming. 
They  also  have  military  drill  and  athletics.  It  is  a  question  whether 
there  is  not  too  much  work  and  too  little  play.  Upon  graduation  they 
go  for  the  most  part  into  the  army  as  soldiers. 

KING'S  NORTON  UNION. 

King's  Norton  Union  Cottage  Homes,  of  Birmingham,  was  estab- 
lished in  1887  for  the  purpose  of  separating  children  in  the  workhouse 
from  adult  paupers  and  the  influences  attaching  thereto,  and  is  a  pre- 
ventive rather  than  a  reformatory  institution. 

The  plan  adopted  was  the  family  system,  which  has  grown  from  two 
cottages  in  1887  to  eight  in  1895;  and  others  will  be  added  as  needed. 
The  cottages  are  models  in  architecture  and  arrangement,  and  are 
superior  to  any  others  I  saw  in  Europe.  Each  cottage  accommodates 
a  family  of  twenty  children  in  charge  of  a  foster  father  and  mother. 
The  children  are  not  grouped  according  to  size  or  sex,  but  are  arranged 
so  as  to  make  a  large  family,  similar  to  a  large  family  outside.  Some 
of  the  children  are  large  and  some  are  small,  some  are  boys  and 
some  are  girls.  Each  household  is  conducted  like  any  outside  house- 
hold— entirely  independent — and  cares  for  itself  in  all  family  arrange- 
ments. The  older  children  look  after  the  younger,  and  all  do  their 
share  of  the  household  work,  under  the  direction  of  the  foster  father 
and  mother.  The  schools  are  conducted  the  same  as  in  any  outside 
village,  and  each  household  sends  its  quota.  The  hospital,  however,  is 
a  separate  building,  where  the  children  are  cared  for  in  case  of  sick- 
ness. There  are  workshops  for  industrial  training,  in  which  trades 
are  taught  in  shoemaking,  tailoring,  carpentering,  engineering,  fitting, 
gardening,  and  bricklaying.  There  is  a  swimming  pool,  where  all 
the  children  are  taught  to  swim.  They  are  also  thoroughly  drilled  in 
athletics,  I  was  told  there  are  now  several  institutions  in  England 
conducted  on  this  plan,  and  its  special  features  are  worthy  of  imitation 
in  America,,  The  average  number  of  children  in  the  homes  during  the 
year  was  154. 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  89 

TRAINING   SHIP   AKBAR. 

At  Liverpool  we  visited  the  reformatory  training  ship  Akltar,  which, 
like  the  Grampion  at  Belfast,  is  an  old-fashioned  three  masted  ship  of 
war,  with  a  retired  navy  officer,  Captain  Hicks,  for  its  chief  officer. 
There  were  187  boys,  from  14  to  16  years  of  age,  committed  by  magis- 
trates. They  may  be  held  till  19.  They  are  in  charge  of  the  super- 
intendent, 1  officer,  2  teachers,  a  chaplain,  7  trainers  in  the  duties  of 
a  sailor,  and  a  cook. 

There  are  six  grades  in  the  schools,  the  same  as  in  the  public  schools. 
The  boys  are  taught  all  matters  pertaining  to  the  life  of  a  sailor,  of  which 
tailoring  and  carpentering  are  a  part.  The  reformatory  association  have 
land  on  shore  for  football  and  other  games,  and  daily  a  section  of  the 
boys  goes  ashore.  There  is  also  a  brass  band  made  up  from  the  boys. 
In  the  hold  of  the  ship  is  a  gymnasium,  and  on  the  upper  deck  a  read- 
ing room  and  piano.  The  chaplain  gives  regular  religious  instruction 
and  holds  services  on  Sunday.  ^Nothing  I  saw  in  the  British  Islands 
impressed  me  more  favorably  as  worthy  of  imitation  in  America  than 
the  training  ships. 

RECAPITULATION. 

Of  course  it  is  not  possible  for  a  transient  American  to  comprehend 
the  British  system  for  dealing  with  the  criminal  classes  in  all  its  details, 
and  therefore  some  of  my  inferences  and  conclusions  are  doubtless 
incorrect;  but  still,  its  general  outlines  can  be  stated  with  reasonable 
accuracy,  and  therefore  I  recapitulate  its  leading  features: 

(1)  Centralization  of  administration ,  which  is  centered  in  the  home 
secretary  in  London,  and  conducted  through  a  prison  commission  in 
each  of  the  three  kingdoms. 

(2)  The  classification  of  all  prisons  into  two  grades : 

(a)  Local  prisons  in  which  are  confined  all  prisoners  convicted  of 
felonies  or  misdemeanors  and  sentenced  for  less  than  two  years.  This 
does  away  with  jails  and  workhouses  as  we  know  them  in  America,  but 
to  this  there  is  no  large  objection  so  long  as  each  prisoner  is  kept 
entirely  separate  from  every  other  prisoner.  A  perfect  example  of  an 
English  local  prison  can  be  seen  in  America  at  Media,  Pa.,  and  it  is  the 
best  administered  jail  I  have  seen  in  America.  I  am  told  that  there  is 
another  at  Chester,  and  possibly  there  are  two  or  three  others  in  that 
State. 

By  placing  local  prisonsunder  one  administration,  and  thus  permitting 
the  concentration  of  prisoners,  many  local  prisons  have  been  abandoned 
and  only  the  best  have  been  retained.  The  result  is  better  accommo- 
dations and  more  intelligent  treatment  in  administration. 

(6)  Convict  prisons,  to  which  all  prisoners  convicted  of  felony  and  sen- 
tenced for  more  than  two  years  are  confined.  Of  these  prisons  there 
are  six  (or  seven,  if  we  include  the  lunatic  asylum  for  insane  criminals 
at  Broadmoor).  They  are  Dartmoor,  Portland,  Borstal,  Dover,  Woking, 


90  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

and  Aylesbury.     In  these  prisons  all  prisoners  are  worked  in  asso- 
ciation under  the  Auburn  system,  with  cellular  separation  at  night. 

(3)  Classification  of  prisoners  sentenced  to  penal  servitude.     Every 
convict  may,  during  his  sentence,  pass  through  four  classes,  called  the 
probation,  the  third,  the  second,  and  the  first  class,  and  certain  selected 
prisoners  are  also  placed,  during  the  last  year  of  their  sentences,  in  a 
special  class.     The  probation  period  must  last  for  one  year;    nine 
months  of  it  are  passed  in  a  separate  cell,  usually  in  a  local  prison,  and 
the  other  three  months  on  public  works.     Promotion  or  degradation  in 
these  several  classes  is  regulated  by  a  marking  system,  and  by  good 
conduct  a  sentence  can  be  shortened  one-fourth,  and   a  conditional 
release  can  be  secured  upon  a  ticket  of  leave. 

(4)  Supervision  by  inspectors  and  visiting  committees.     Every  prison 
is  inspected  monthly  by  a  visiting  committee  of  justices  appointed  by 
the  court  of  quarter  sessions,  and  also  by  an  inspector  appointed  by  the 
prison  commission. 

(5)  Punishments  more  severe  than  a  deprivation  of  privileges  can 
only  be  inflicted  in  local  prisons  by  order  of  the  committee  of  visiting 
justices,  and  in  convict  prisons  by  a  prison  inspector. 

(6)  All  prison  officers  are  appointed  through  civil-service  examina- 
tions, and  there  are  no  removals  except  for  causes  not  political. 

(7)  The  methods  of  employment  in  British  prisons  are  threefold. 

(a)  In  convict  prisons  labor  upon  the  public  works,  and  in  the  manu- 
facture of  anything  that  may  be  required  for  use  in  the  army  or  navy 
or  other  Government  departments.     At  Dover  an  immense  granite  pier 
half  a  mile  long  has  been  built  by  prison  labor.     At  Portland  a  break- 
water 2  miles  long  and  running  into  the  water  50  or  60  feet  is  being 
built;  at  Chatham  dockyards,  covering  540  acres,  and  also  immense  sea 
walls.    For  the  army  and  navy  boots,  shoes,  clothing,  and  many  other 
things  are  made,  and  for  the  postal  department  mail  bags,  etc.,  and  in 
this  way  all  convict  prisoners  are  kept  busy. 

(b)  In  local  prisons  the  employments  are  less  satisfactory,  as  prison- 
ers for  the  most  part  work  in  their  cells,  and  their  labor  is  not  remu- 
nerative; but  as  a  whole  some  occupation  is  furnished. 

(c)  In  some  prisons  the  treadmill,  the  shot  drill,  the  crank,  the  cap- 
stan, and  stone  breaking  are  still  in  use,  but  they  are  punitive  rather 
than  remunerative  or  instructive. 

(8)  Supervision  of  discharged  prisoners,  by  prisoners' aid  associations, 
and  there  is  at  least  one  such  association  for  each  prison.     These  asso- 
ciations are  voluntary,  but  when  approved  by  the  inspector  their  funds 
are  supplemented  by  the  Government,  and  their  purpose  is  to  lend  a 
helping  hand  to  such  prisoners  as  need  help  and  desire  to  lead  an  honest 
life. 

(9)  As  a  deterrent  upon  recidivists  or  habitual  criminals  the  courts 
are  allowed,  upon  a  second  or  later  conviction,  to  pass  sentence  not 
only  for  a  definite  period,  but  also  for  seven  years'  police  supervision 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  91 

after  discharge,  with  a  liability  for  misconduct  to  be  returned  to  prison 
for  the  remainder  of  the  seven  years. 

(10)  Juvenile  delinquents  are  treated  under  a  dual  system. 

(«)  In  a  reformatory,  which  is  a  place  of  punishment  for  a  convicted 
offender,  as  well  as  a  place  of  training,  and  reception  into  a  reforma- 
tory must  be  preceded  by  a  period  in  a  local  prison  of  not  less  than 
ten  days. 

(b)  In  an  industrial  school,  which  is  purely  a  preventive  and  training 
institution  for  vagrants  and  neglected  children,  from  which  the  conviction 
for  certain  crimes  will  exclude  the  child. 

Reformatory  and  industrial  schools  are  not  provided  by  the  State,  nor 
is  there  any  obligation  on  any  local  authority  to  provide  them  or  con- 
tribute to  them,  or  on  any  court  of  justice  to  send  children  to  them,  or  on 
managers  of  such  schools  to  receive  the  children  whom  the  magistrates 
commit,  but  such  aid  is  permissive  and  permitted  to  all  satisfactory 
institutions. 

A  reformatory  or  industrial  school  may  be  established  in  two  ways: 
(1)  By  private  individuals,  either  as  a  proprietary  institution  or  as  a 
charitable  institution.  (2)  In  England,  by  the  magistrates  at  quarter 
session  in  counties  and  boroughs,  and  in  Scotland  by  a  county  board. 
A  school  board  may  also  establish  an  industrial  school,  and  the  county 
or  borough  authorities  may  aid.  The  total  number  of  these  institu- 
tions is  now  about  two  hundred,  one-third  of  which  are  reformatories 
and  two-thirds  industrial  schools. 

This,  in  brief,  is  the  framework  of  the  British  penal  system.  Of 
course  there  are  other  features  peculiar  to  it,  but  they  are  mainly  matters 
of  detail. 

RESULTS. 

The  results  of  the  British  system  upon  the  whole  has  been  more  sat- 
isfactory than  that  of  any  other  country,  if  we  are  to  judge  by  its 
efficiency  in  reducing  crime. 

Judging  by  the  criminal  statistics  for  the  twenty  years  during  which 
the  system  has  been  in  operation,  the  reduction  is  from  a  daily  average 
of  20,301  in  local  prisons  in  1876  to  13,383  in  1893.  This,  however,  is 
mors  apparent  than  real,  and  can  be  largely  accounted  for  in  various 
ways;  but  still  the  most  conservative  authorities  seem  to  agree  that 
there  has  been  a  reduction  in  crime  of  about  25  per  cent,  without  count- 
ing the  increase  of  population,  and  this  is  very  satisfactory,  and 
especially  in  view  of  the  fact  that  in  all  other  countries  there  has  been 
a  steady  increase  of  crime  and  no  reduction. 

To  an  American  the  British  system  seems  more  repressive  than  re- 
formative, and  my  own  opinion  is  that  if  our  American  system  could  be 
administered  with  equal  efficiency  we  could  obtain  equal,  if  not  better, 
results.  Certainly  our  juvenile  reformatories,  as  a  whole,  are  superior 
to  those  in  the  British  Islands,  and  our  reformatories  for  young  felons 


92  FIFTH    INTERNATIONAL    PRISON   CONGRESS. 

on  the  Ehnira  system  show  better  results  than  any  equal  number  of 
British  prisons. 

What  we  want  in  America,  and  that  we  must  have  if  we  are  to  make 
any  large  progress  in  prison  management,  is  a  more  thorough  business 
management,  which  can  only  be  obtained  by  officials  especially  trained 
for  their  work,  in  a  service  as  permanent  as  that  of  the  Army  or  ifavy, 
and  as  free  from  political  interference. 

OUR   SPECIAL  WEAKNESS. 

Compared  with  the  English  system,  our  greatest  deficiency  is  in  our 
county  jails,  and  no  efficiency  in  administration  can  remedy  it  to  any 
large  extent  so  long  as  wejieep  our  prisoners  awaiting  trial  in  associa- 
tion in  a  common  hall,  with  all  the  corrupting  influences  that  such 
association  permits. 

Our  county  jails,  with  old  and  young,  innocent  and  guilty,  old  offend- 
ers with  new  beginners,  forced  into  association  for  days  and  weeks  aud 
often  months,  are  compulsory  schools  of  crime,  and  so  long  as  they 
remain  there  can  be  no  large  reduction  in  the  rising  tide  of  crime.  Our 
jail  system,  it  is  true,  came  from  England,  but  it  is  the  system  of  a  hun- 
dred years  ago,  which  John  Howard  revolutionized.  In  England  every 
prisoner,  from  the  time  he  enters  the  prison  van  at  the  police  station 
until  his  conviction  and  transfer  to  a  convict  prison,  is  entirely  sepa- 
rated from  every  other  prisoner,  and  sees  no  one  but  the  prison  officials 
and  his  legal  adviser. 

Our  first  and  paramount  duty  is  to  revolutionize  our  county  jails. 
We  might  as  well  attempt  to  drain  a  pestilential  pool  with  an  inlet 
larger  than  the  outlet  as  to  expect  a  reduction  of  crime  under  existing 
conditions. 

PROPOSED   IMPROVEMENTS. 

During  the  past  year  there  has  been  a  very  protracted  aud  thorough 
investigation  of  the  British  prison  system  by  a  Parliamentary  committee 
of  eight  members,  of  which  Herbert  Gladstone  was  chairman,  and  their 
report  recommends  for  twenty-five  changes  which  they  deem  desirable. 
A  few  of  the  most  important  are  as  follows: 

(1)  That  unproductive  labor  should  be  abolished  wherever  possible, 
which  means  treadmills,  shot  drills,  oakum  picking,  and  the  like. 

(2)  Association  for  productive  and  technical  instruction  to  be  extended 
gradually  and  with  due  caution  throughout  the  prisons.     This  is  in 
accord  with  our  American  ideas  of  prison  labor. 

(3)  Every  effort  should  be  made  to  secure  additional  orders  for  work 
from  Government    departments.     In  American  prisons  but  little  of 
this  kind  of  work  is  done,  and  there  is  no  apparent  reasons  why  all 
our  prisons,  State  and  national,  should  not  be  utilized  in  that  way.    It 
is  a  form  of  labor  to  which  labor  unions  in  Great  Britain  do  not  object, 
for  the  reason  that  it  does  not  cause  competition  in  outside  markets. 


FIFTH    INTERNATIONAL    PRISON   CONGRESS.  93 

(4)  Habitual  criminals  to  be  kept  as  a  class  apart  from  the  other  pris- 
oners.    It  should  be  considered  whether  a  new  form  of  sentence  might 
not  with  advantage  be  placed  at  the  disposal  of  the  judges,  by  which 
these  prisoners  should  be  segregated  under  special  conditions  for  long 
periods  of  detention.    This  has  already  been  authorized  in  the  State 
of  Ohio  and  several  other  American  States,  although  not  sufficiently 
enforced. 

(5)  That  two  or  more  prisons  should  be  selected  as  training  schools  for 
all  ranks  of  the  prison  staff,  and  be  placed  under  the  charge  of  the  most 
experienced  officers  in  the  service,  and  that  probationers  should  not  be 
returned  as  belonging  to  the  prison  staff.    This  is  in  accordance  with 
the  practice  in  France,  where  a  regular  school  is  established  at  La 
Sante  Prison,  in  Paris,  for  the  instruction  of  prison  officers  from  the 
various  prisons  of  the  Republic,  and  such  schools  are  greatly  to  be 
desired  in  America. 

(6)  That  the  Government  grant  to  prisoners'  aid  societies  should  be 
increased  and  extended  to  associations  conducted  on  approved  methods 
for  the  treating  of  discharged  prisoners.    The  success  of  the  British 
system  in  reducing  crime  is  very  largely  due  to  these  associations,  and 
one  of  our  greatest  needs  in  America  is  an  efficient  prisoners'  aid  asso- 
ciation for  at  least  every  convict  prison,  and  there  ought  to  be  one  in 
every  large  city  for  local  prisons. 

(7)  That  annual  conferences  should  be  held  of  representatives  from 
the  higher  ranks  of  prison  officials,  managers  of  reformatories,  visiting 
committees,  and  prisoners'  aid  associations,  for  the  purpose  of  ex- 
changing experiences  and  ideas,  and  of  establishing  closer  relations 
between  all  officials  and  public  bodies  responsible  for  the  management 
of  prisons  and  the  treatment  of  prisoners. 

This  is  fully  in  accord  with  the  practice  in  America  where  for  twenty- 
five  years  the  National  Prison  Congress  has  held  annual  sessions  for 
the  purposes  named  above. 

It  ought  to  be  the  duty  of  the  managers  of  every  penal  and  reforma- 
tory institution  to  be  represented  by  one  or  more  delegates,  and  their 
expenses  should  be  paid  from  the  funds  of  the  institution. 

ACKNOWLEDGMENTS. 

For  British  courtesies  I  desire  to  acknowledge  very  gratefully  the 
prompt  and  helpful  attentions  given  us  by  prison  governors,  who,  every- 
where in  the  British  islands,  accompanied  us  in  person  in  prison  inspec- 
tions and  answered  patiently  all  inquiries  we  cared  to  make. 

Our  thanks  are  also  due  to  prison  commissioners,  and  especially  to 
their  chairman,  Mr.  J.  S.  Gibbons,  in  Dublin;  Mr.  A.  Beatson  Bell, in 
Edinburgh,  and  Mr.  E.  Ruggles  Brise  in  London,  all  of  whom  we  again 
had  the  pleasure  of  meeting  in  Paris.  Also,  to  Mr.  Roosevelt,  our 
American  secretary  of  legation  in  London,  and  our  American  consuls 


94  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

\vlu-ieverweweut,  for  courtesies  received.  In  fact,  all  over  Europe 
our  American  consuls  were  equally  kind  and  helpful,  and  prison  officials 
everywhere  gave  us  every  attention  that  could  be  desired. 

UPON    THE    CONTINENT. 

Upon  the  Continent  we  visited  a  number  of  prisons  and  reformatories, 
but  owing  to  my  inability  to  ask  questions,  except  through  an  inter- 
preter, or  to  read  the  prison  literature  of  the  countries  visited,  I  was 
at  a  great  disadvantage  in  seeking  to  comprehend  their  systems  satis- 
factorily. Therefore  my  report  is  restricted  mainly  to  what  I  saw  with 
my  own  eyes  in  the  prisons  visited. 

PRISONS    OF   FRANCE. 

In  France  I  visited  only  four  prisons  and  a  reformatory,  and  those 
were  in  Paris  and  vicinity,  and  I  presume  were  not  among  the  best. 

MELUN. 

The  first  prison  we  visited  was  on  the  3d  of  July,  at  Melun,  20  miles 
from  the  Lyons  station,  in  company  with  other  delegates,  on  a  special 
train  supplied  by  the  Government.  Here  we  found  about  500  prisoners 
who  are  under  the  Auburn  system  of  associated  labor  by  day  and 
cellular  separation  at  night.  The  cells  are  6  by  8  feet,  and  seemed 
clean  and  well  ventilated,  but  there  is  no  heat  supplied  for  warming 
them.  One  hundred  and  seventy-five  prisoners  are  employed  upon 
Government  printing,  and  the  others  upon  various  industries,  and  the 
prison  seemed  well  administered. 

NARTERRE. 

On  July  6  there  was  an  excursion  to  St.  Germain,  and  on  our  way, 
13  miles  out,  we  stopped  to  visit  Narterre,  which  is  a  large  prison  for 
misdemeanants,  with  4,500  inmates,  employed  upon  various  industries 
with  associated  labor.  The  prison  seemed  fairly  well  administered, 
but  with  such  a  large  number  of  prisoners  in  association  no  satisfac- 
tory results  in  the  way  of  reformation  could  be  expected. 

LE   ROQUETTE. 

La  Grand  Roquette  is  a  depot  for  sentenced  prisoners  awaiting  re- 
moval to  a  central  prison  or  penal  colony,  or  to  execution  for  a  capital 
crime.  Here,  also,  we  found  360  misdemeanants,  sentenced  for  less  than 
one  year,  employed  in  association  in  making  rat  and  bird  traps  and 
paper  bags  and  files.  In  the  way  of  reformatory  influences,  either 
educational,  moral,  or  religious,  there  were  none  apparent.  There  is  a 
chapel,  but  the  governor  informed  me  that  ordinarily  not  more  than 
ialf  a  dozen  attended. 


FIFTH    INTERNATIONAL   PRISON   CONGRESS.  95 

At  this  prison  is  the  place  of  execution  for  Paris  prisoners  condemned 
to  death.  The  executioner  for  all  France  is  M.  Deibler,  who  takes  his 
machine  with  him  wherever  needed.  We  were  shown  the  cells  where 
prisoners  are  held  for  execution.  In  each  cell  are  three  chairs — one  for 
the  prisoner  and  two  for  the  guards.  The  executions  are  public  in  an 
open  space  fronting  upon  a  street,  and  take  place  at  daylight  in  the 
morning.  In  a  courtyard  we  were  shown  the  place  where  Archbishop 
Durboy  and  five  other  hostages  were  shot  to  death  by  the  Communists 
in  1870. 

THE   CONCIERGERIE. 

The  Conciergerie  is  a  prison  where  prisoners  awaiting  trial  are  held. 
It  is  centuries  old,  and  is  a  bad  place,  with  scarcely  any  redeeming 
qualities.  Here  Marie  Antoinette  was  imprisoned  and  went  to  the 
guillotine,  and  here  tragedies  without  number  have  been  enacted,  and 
we  were  glad  to  get  out  of  it. 

MONTESSAN. 

On  our  excursion  to  St.  Germain,  we  returned  by  steamer  on  the 
river  Seine  and  stopped  over  to  inspect  the  Montessan  Eeformatory 
buildings,  which  are  nearly  ready  for  occupancy,  and  will  accommodate 
400  boys.  The  institution  will  be  conducted  upon  the  family  system, 
and  the  cottages  and  other  structures  were  all  new  and  seemed  very 
well  planned  and  arranged.  It  was  noticeable,  however,  that  there 
was  no  church  or  chapel,  and  it  was  claimed  that  it  was  not  needed. 

BERTILLON    SYSTEM. 

The  Bertillon  system  for  the  identification  of  criminals,  which  is  now 
in  use  in  most  European  countries,  had  its  origin  and  most  efficient 
administration  in  Paris,  and  we  were  glad  to  avail  ourselves  of  an  invi- 
tation from  Mr.  Bertillon  to  visit  the  bureau  of  the  police  department? 
where  measurements  are  taken  and  where  the  records  for  all  France  are 
kept.  There  are  many  thousands  of  these  records,  but  they  are  so  clas- 
sified and  arranged  that  whenever  an  arrest  is  made  and  measurements 
taken  it  can  be  determined  in  a  few  moments  whether  the  prisoner  has 
ever  before  been  under  arrest  or  conviction. 

While  we  were  there  a  prisoner  newly  arrested  was  brought  in  for 
identification,  and  when  his  measurements  were  taken  and  turned  over 
to  the  attendants  in  charge  of  the  bureau,  it  was  scarcely  ten  minutes 
before  his  photograph  was  brought,  with  a  full  account  of  a  previous 
criminal  record. 

As  an  efficient  agent  for  the  repression  of  crime,  the  Bertillou  system 
is  of  the  highest  value,  and  it  ought  to  be  in  operation  all  over  the 
United  States,  with  a  central  bureau  at  Washington  under  the  support 
and  direction  of  the  General  Government. 


96  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

SCHOOL  FOR   WARDERS. 

A  commendable  feature  in  the  French  prison  system  is  the  school  for 
warders,  at  La  Sante  prison  in  Paris.  Here  48  chief  warders  from  the 
provincial  prisons  come  annually,  in  two  parties  of  24  each,  staying  for 
six  months,  during  which  time  they  receive  instruction  by  lectures  and 
classes  in  various  branches  of  knowledge  pertaining  to  their  work. 
They  also  are  taught  the  practical  application  of  the  Bertillon  method 
of  criminal  identification. 

PRISONS  OF  SWITZERLAND. 

In  Switzerland,  as  in  the  United  States,  there  is  no  Federal  control 
of  prisons,  and  each  of  its  twenty-two  cantons  has  its  own  prisons,  and, 
doubtless,  as  with  us,  some  are  good  and  some  are  bad.  Of  these,  we 
visited  three  prisons  and  one  reformatory. 

The  reformatory  was  near  the  city  of  Bern,  and  was  very  similar  in 
construction  and  management  to  the  reformatory  at  Ashford,  England. 
Everything  was  very  plain,  but  the  60  boys  seemed  well  cared  for,  and 
the  results  reported  were  very  satisfactory. 

LENZBOURG. 

The  prison  at  Lenzbourg,  in  the  Canton  of  Aargau,  is  said  to  be  the 
best  in  Switzerland.  It  was  built  in  1864,  and  is  a  well-planned  radiate 
structure,  with  three  tiers  of  cells  and  a  chapel.  The  cells  are  8  by  9 
feet  and  are  warmed  by  steam.  Here  we  found  176  prisoners,  43  of 
whom  were  women;  89  were  felons,  44  misdemeanants;  17  were  await- 
ing trial,  and  26  were  reformatory  boys.  A  few  of  these  prisoners  were 
from  other  cantons.  All  prisoners,  except  recidivists,  after  three  months 
in  solitary  confinement,  are  worked  in  association  under  the  Auburn 
system  in  silence,  with  cellular  separation  at  night. 

Recidivists  are  under  the  separate  system  during  the  entire  term  of 
imprisonment.  Short-term  prisoners,  not  recidivists,  work  in  shops  at 
the  rear  of  their  cells,  and  each  cell  block  constitutes  a  class  by  itself. 
In  the  north  cell  block  on  the  first  floor  is  cloth  making;  the  second 
floor,  shoemakiug;  third  floor,  shoemakiug;  fourth  floor,  schoolroom. 
In  the  west  cell  block  the  first  floor,  blacksmithing;  second,  carpenter- 
ing; third,  cabinetwork;  fourth,  bookbinding.  The  south  cell  block  is 
occupied  by  female  prisoners.  All  industries  are  upon  State  account, 
and  all  prisoners  are  fully  occupied.  In  the  Canton  of  Aargau  there  is 
no  death  penalty,  and  murderers  are  sentenced  for  life. 

In  this  canton,  with  a  population  of  200,000,  there  are  eleven  districts 
with  a  local  lockup  in  each,  where  prisoners  awaiting  trial  are  for  the 
most  part  confined.  The  prison  seemed  well  administered  in  all  depart- 
ments, and  its  director,  as  the  prison  governor  is  called,  is  an  accom- 
plished offical,  and  the  prison  staff  are  especially  trained  for  their  work, 
and  there  are  no  political  changes  in  any  Swiss  prison.  Attendance 
upon  chapel  services  is  not  compulsory,  but  as  a  rule  all  go. 


FIFTH    INTERNATIONAL    PRISON   CONGRESS.  97 

ST.   GALL. 

At  St.  Gall,  in  the  canton  of  the  same  name,  we  found  144  prisoners, 
comprising  felons,  misdemeanants,  and  vagrants.  All  sentenced  for 
a  year  or  more  are  kept  under  the  separate  system.  For  less  than  a 
year  they  work  in  association.  None  are  less  than  16  years  of  age. 
The  director  is  appointed  by  the  Government  for  three  years,  but  is 
now  serving  his  third  term.  He  nominates  all  subordinates.  Pris- 
oners can  reduce  their  sentence  by  good  conduct,  and  for  such  conduct 
receive  5  cents  a  day  in  addition  to  their  good  time. 

Recidivists  are  not  entitled  to  good  time.  Attendance  upon  chapel 
service  is  compulsory  unless  a  prisoner  has  no  religion,  and  so  far  there 
are  none  such.  Three-fifths  are  Roman  Catholics  and  two-fifths  Protes- 
tants. The  prison  is  inspected  by  five  inspectors,  who  receive  5  francs 
($1)  a  day  for  that  service.  Work  is  on  State  account,  under  a  business 
manager. 

BASEL. 

At  Basel  we  found  a  prison  similar  in  most  respects  to  St.  Gall,  with 
198  prisoners — 172  men  and  26  women — and  the  total  number  for  the 
year,  520.  As  at  Leuzbourg,  all  prisoners  are  in  solitary  confinement 
for  the  first  three  months  on  piecework,  and  then  work  in  associa- 
tion. The  industries  are  shoemaking,  brush  making,  tailoring,  wicker- 
work,  etc. 

GERMAN    PRISONS. 

Iii  Germany,  as  in  Switzerland  and  the  United  States,  there  is  no 
central  authority  for  the  control  of  prisons,  and  each  province  has  its 
own  regulations;  but  doubtless,  as  in  America,  they  have  a  family 
resemblance  to  each  other.  The  best  of  these  prisons  are  said  to  be  in 
Baden  and  Rhenish  Prussia,  where  we  visited  several  of  them. 

In  Baden,  as  far  as  I  could  understand,  there  are  four  kinds  of 
prisons,  viz,  district  prisons,  fortresses,  houses  of  correction,  and  central 
prisons.  The  punishment  in  the  first  two  is  simply  detention  or  depri- 
vation of  liberty,  the  district,  prison  being  for  persons  under  exami- 
nation and  awaiting  trial,  or  those  sentenced  to  less  than  six  weeks' 
imprisonment.  Sentences  above  that  term  are  endured  in  the  central 
prison,  which  corresponds  to  the  convict  prisons  in  England,  and  the 
district  prisons  to  British  local  prisons. 

In  each  province,  however,  all  prisons  are  controlled  by  its  own  central 
authority,  or  department  of  justice. 

FREIBURG. 

July  23  we  visited  the  central  or  general  prison  at  Freiburg,  in  Baden. 

Here  we  found  396  prisoners,  all  men,  serving  sentences  from  one  to 

twenty  years.    There  were  also  a  few  prisoners  awaiting  trial.     About 

100  prisoners  are  worked  in  association  and  the  remainder  in  separate 

S.  Doc.  181 7 


98  FIFTH    INTERNATIONAL    PRISON   CONGRESS. 

cells.  All  would  be  separate  except  for  want  of  cell  room.  All  prison- 
ers are  at  work  in  various  industries,  and  their  earnings  pay  about  one- 
half  of  the  running  expenses  of  the  prison.  Prisoners  are  allowed  a 
part  of  their  earnings  as  an  incentive  to  good  conduct,  which  is  given 
to  them  when  they  go  out,  or  a  prisoner  may  give  one-half  to  his  family 
during  his  imprisonment.  If  the  prison  authorities  doubt  his  reforma- 
tion, his  earnings,  on  release,  are  given  to  the  prisoners'  aid  association, 
to  be  disbursed  in  his  behalf  as  they  may  deem  best.  A  recidivist  only 
gets  one-fifth  as  much  as  other  prisoners,  and  upon  a  second  conviction 
he  gets  nothing,  In  the  prison  dietary  short-term  men  get  meat  once 
in  three  days  and  soup  three  times  a  day,  and  coffee  three  mornings  in 
a  week;  the  physician  can  order  a  special  diet.  All  industries  are  upon 
State  account,  under  the  direction  of  a  business  manager. 

All  prisoners  under  the  separate  system  work  in  their  cells  and  at 
chapel  service  they  are  so  seated,  in  separate  boxes,  that  they  only  see 
the  officers  and  officiating  clergyman  on  the  platform,  and  in  the  schools 
also  the  same  arrangement  is  maintained. 

When  out  of  their  cells  each  prisoner  wears  a  mask.  All  prisoners 
under  35  years  of  age  go  to  school,  in  which  there  are  six  grades,  or 
classes,  and  each  class  has  three  hours  of  instruction  in  a  week  under 
two  regular  teachers.  Order  is  maintained  by  a  military  guard  of  nine 
soldiers,  in  three  relays  on  the  outer  wall,  and  twelve  civilian  guards 
inside,  of  whom  five  are  on  duty  at  night,  and  the  others  sleep  in  cells 
which  are  about  10  by  12  feet  in  size  and  make  comfortable  bed  rooms. 
Each  prisoner  has  exercise  for  half  an  hour  night  and  morning  in  the 
open  air  in  airing  courts,  so  arranged  as  not  to  see  any  other  prisoner, 
but  all  are  under  the  eye  of  a  guard  at  a  central  point  of  observation. 
There  are  no  corporal  punishments  and  discipline  is  maintained  by  the 
deprivation  of  privileges. 

The  prison  officers  are  appointed  by  the  Grand  Duke  of  Baden  through 
the  department  of  justice  at  Carlsruhe  and  all  employees  come  in  through 
strict  civil-service  rules  and  six  months'  probation,  and  service  then 
becomes  permanent  during  good  behavior.  The  present  director  has 
been  in  charge  for  twelve  years  and  is  a  very  superior  prison  man.  His 
salary  is  $1,500  a  year.  The  prison  is  regularly  visited  and  supervised 
by  an  inspector  from  the  department  of  justice. 

One  noticeable  feature  in  this  prison,  which  was  new  to  me,  is  the 
conference  of  prison  officers,  which  is  held  in  the  director's  room  every 
third  day.  This  conference  is  composed  of  the  director,  doctor,  two 
chaplains,  two  teachers,  and  the  bookkeeper,  and  by  it  all  prison  mat- 
ters are  carefully  considered  and  discussed,  and  the  director  then 
determines  what  action  shall  be  taken.  We  found  similar  conferences 
in  other  German  and  Belgian  prisons,  and  they  were  considered  of  the 
highest  value.  Attached  to  the  prison  are  35  acres  of  ground  upon 
which  are  dwelling  houses  that  are  furnished  rent  free  to  the  officers. 
Prisoners  under  the  separate  system  are  visited  daily  by  some  of  the 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  99 

prison  officials,  and  work  for  the  day  is  assigned  them.  The  chaplains 
must  visit  each  prisoner  in  his  cell  at  least  once  a  mouth.  There  is 
also  a  bell  call  that  he  can  use  at  any  time  in  case  of  need.  Upon  the 
whole,  the  Freiburg  prison  is  one  of  the  best  administered  prisons  that 
I  saw  in  Europe. 

BRUSCHAL   PRISON. 

July  24  we  visited  Bruschal  male  convict  prison.  It  has  400  prison- 
ers, and  was  built  in  1848.  Only  high-grade  criminals  are  confined 
here,  and  no  sentences  are  for  less  than  one  year.  In  Baden  the  death 
penalty  may  be  inflicted  for  murder  by  the  guillotine,  but  it  is  usually 
commuted  to  a  life  sentence;  only  three  have  been  executed  in  the 
province  of  Baden  in  three  years. 

At  Bruschal  the  separate  system  prevails,  but  after  th~ee  years 
prisoners  may  be  worked  in  association.  The  regulations  of  the  prison 
are  mainly  the  same  as  at  Freiburg,  although  there  are  some  variations, 
e.  g.,  prisoners  have  two  hours  a  week  in  school  instead  of  three.  One 
prisoner  in  each  corridor  works  outside,  without  a  mask,  in  cleaning 
halls,  carrying  water,  etc.  Every  prisoner  without  a  trade  is  taught 
one  by  the  labor  overseer.  The  trades  are  carpentering,  shoemaking, 
tailoring,  coopering,  basket  making,  rope  making,  and  lock  making. 
The  official  staff  is  the  same  as  at  Freiburg,  and  they  have  a  confer- 
ence twice  a  week,  at  which  each  officer  makes  a  report,  and  discussion 
follows.  The  condition  and  progress  of  every  prisoner  is  carefully  con- 
sidered. The  overseer  in  each  ward  visits  each  cell  several  times  a  day 
to  see  the  work  of  prisoners.  The  guard  also  sees  the  prisoners  often 
and  the  teacher  goes  in  when  necessary.  The  chaplains  visit  twice  a 
month,  and  the  general  director  of  work  quite  often.  The  prison  gov- 
ernor sees  every  man  in  his  cell  once  a  month. 

The  Grand  Duke  of  Baden  has  the  power  to  pardon  and  the  depart- 
ment of  justice  may  parole.  Prisoners'  aid  associations  care  for  prison- 
ers after  discharge.  In  the  German  Empire  there  is  a  prison  association 
for  general  conference,  which  meets  every  two  years  and  is  similar  in 
its  objects  to  our  National  Prison  Association  in  America,  which  meets 
annually. 

At  Bruschal  religious  services  are  held  in  the  chapel  every  day  and 
attendance  is  compulsory,  except  for  special  reasons  approved  by  the 
prison  conference. 

BRUSCHAL  DISTRICT   PRISON. 

At  Bruschal  district  prison  there  are  both  males  and  females,  of 
whom  there  are  four  classes:  (1)  Criminal  recidivists;  (2)  young  crimi- 
nals; (3)  insane  criminals  (temporarily);  (4)  workhouse  for  women. 

Men  convicted  four  times  come  here.  They  work  part  separate  and 
part  in  association.  Young  prisoners  from  12  to  18  years  of  age  come 
here,  both  boys  and  girls.  Also,  women  criminals  for  long  and  short 
terms.  All  young  criminals  go  to  school  six  or  eight  hours  a  week.  In 


100  FIFTH    INTERNATIONAL   PRISON    CONGRESS. 

addition,  two  hours  a  week  is  given  for  wood  carving,  two  for  indus- 
trial training,  and  two  for  special  trade  schools.  A  boy  at  18  is  trans- 
ferred to  the  convict  prison  at  Bruschal  or  Freiburg.  A  girl  at  18  goes 
to  the  women's  department.  The  prisoners  here  do  the  washing  for 
the  male  convict  prison  and  also  for  the  general  prisons  at  Freiburg, 
Mannheim,  and  Eastadt.  They  also  do  baking  for  a  number  of  private 
institutions,  for  which  they  are  paid.  The  number  of  prisoners  at  the 
time  of  our  visit  was  395,  as  follows : 

Criminal  recidivists 104 

Young  criminals 56 

Criminal  insane.  18 

Adult  women  criminals 65 

Workhouse  women 134 

Girls  between  12  and  18. ..  18 


Total 395 

MANNHEIM  DISTRICT   PRISON. 

July  25  we  visited  the  district  prison  at  Mannheim,  with  186  prison- 
ers, all  males  under  sentence  from  one  month  to  three  years,  partly  sepa- 
rate and  partly  in  association.  As  a  rule,  the  worst  cases  are  alone. 
The  prison  was  originally  a  nunnery,  but  was  changed  to  a  prison  in 
1700.  The  industries  of  the  prison  are  stripping  tobacco,  making  paper 
bags,  tailoring,  carpentering,  and  making  locks.  Prisoners  under  36 
years  of  age  are  taught  reading,  writing,  and  arithmetic  by  teachers 
from  the  public  schools,  in  two  classes,  each  seven  hours  a  week.  One 
hour  a  week  in  drawing  is  also  given. 

Two  chaplains  hold  religious  services  twice  a  week  and  give  their 
entire  time  to  the  visitation  of  prisoners,  and  must  see  every  prisoner 
at  least  twice  a  mouth. 

The  director  is  appointed  by  the  Grand  Duke  and  nominates  all  sub- 
ordinates, and  these  after  three  years'  service,  and  found  satisfactory, 
receive  a  permanent  appointment,  with  pension  upon  retirement.  The 
director  was  a  judge  of  one  of  the  courts  and  has  been  in  service  four 
years,  and  expects  to  return  to  the  bench  with  the  experience  gained 
as  a  prison  governor.  The  earnings  of  the  prison  are  about  60  per  cent 
of  the  running  expenses. 

MANNHEIM   JAIL. 

We  also  visited  the  Mannheim  jail,  with  39  prisoners  awaiting  trial, 
and  53  women,  a  part  of  whom  were  awaiting  trial,  and  the  remainder 
under  sentence  for  short  terms.  Prisoners  awaiting  trial  are  furnished 
work  if  they  wish  it. 

ROYAL   PRUSSIAN  PRISON. 

July  26  we  visited  the  Royal  Prussian  Prison,  near  Frankfort  on  the 
Main,  with  about  500  prisoners.  It  is  a  new  radiate  structure  and  well 
planned  and  well  built.  This  is  one  of  the  three  general  convict  pris- 
ons in  Rhenish  Prussia.  The  other  two  are  at  Cologne  and  Dussel- 


FIFTH   INTERNATIONAL    PRISON   CONGRESS.  101 

dorf.  They  are  under  the  control  of  the  department  of  justice  at 
Berlin.  They  resemble  the  prisons  of  Baden,  but  with  some  variations. 
No  prisoners  here  are  under  sentence  for  more  than  ten  years.  Prison- 
ers over  one  year  can  reduce  sentence  25  per  cent  by  good  conduct, 
and  receive  one-third  of  their  earnings.  Prisoners  work  in  their  cells 
under  the  separate  sytern,  except  a  few  for  special  work  in  association. 
The  industries  are  numerous,  among  which  are:  Shoemaking,  11;  mak- 
ing corsets,  71;  knitting  on  machine,  71;  tailoring,  18;  paper  sacks,  30; 
carpenters,  21;  weaving,  10;  brushes,  13;  pulling  hair,  22. 

There  is  school  room  for  40,  with  four  divisions.  Each  class  has  one 
hour  each  day.  There  is  one  teacher,  with  the  chaplains  to  assist. 
The  Protestant  chaplain  gives  six  hours  a  week  and  the  Catholic  four. 
Church  services  on  Sunday  and  Bible  class  on  Monday,  and  with  attend- 
ance compulsory.  Every  evening  there  are  singing  exercises.  Chap- 
lains also  visit  prisoners  in  their  cells.  Prisons  in  Rhenish  Prussia  are 
under  the  control  of  the  department  of  justice  in  Berlin. 

COLOGNE. 

At  the  Royal  Convict  Prison  in  Cologne  we  found  1,268  prisoners — 
1,034  men  and  234  women.  The  women  were  in  a  separate  building. 
With  few  exceptions  the  prisoners  work  in  association  and  sleep  in 
association — dormitories  contain  from  15  to  20  beds.  As  a  rule  the 
sentences  are  for  less  than  five  years.  The  discipline  and  management 
was  much  inferior  to  the  prisons  elsewhere  in  Germany,  and  upon  the 
whole  was  more  unsatisfactory  than  any  others  we  saw  in  Europe. 

BRAUWEILER   WORKHOUSE. 

At  Brauweiler  Workhouse,  4  miles  from  Cologne,  we  found  1,100 
prisoners — 900  men  and  200  women.  They  are  largely  vagrants,  tramps, 
and  chronic  drunkards.  Drunkards  are  not  considered  chronics  until 
the  third  or  fourth  offense.  They  are  put  to  work  at  various  industries, 
and  the  institution  falls  short  of  self-support  only  about  20  per  cent. 
No  prisoner  is  sent  for  less  than  six  months,  and  may  be  retained  two 
years,  in  the  discretion  of  the  director.  They  have  religious  service 
every  day,  and  night  schools.  They  have  a  conference  of  officers  at 
least  once  a  week  and  sometimes  often er.  The  buildings  originally 
constituted  a  monastery  and  are  ornamental  and  substantial.  The 
religious  services  are  held  in  the  fine  old  chapel,  and  the  cloisters  are 
used  for  dining  room  and  kitchen.  This  institution  is  a  model  of  its 
kind  and  superior  to  any  of  our  American  workhouses  in  its  system  and 
administration. 

DEPENDENT   CHILDREN. 

In  dealing  with  dependent  children  the  province  of  Rhenish  Prussia 
has  a  system  peculiar  to  itself.  The  province  has  an  officer,  with  sub- 
ordinates, who  divide  the  province  into  districts,  and  they  look  after 
all  dependent  children  as  wards  of  the  State.  The  boarding-out  sys- 
tem is  their  main  reliance,  although  for  temporary  shelter  and  prepara- 


102  FIFTH   INTERNATIONAL   PRISON   CONGRESS. 

tion  institutions  for  the  care  of  children  are  provided,  but  it  is  only 
temporary,  and  they  are  then  boarded  out.  Until  14  years  of  age  they 
go  to  school.  After  14  they  are  expected  to  learn  a  trade,  and  are 
placed  out  under  supervision  of  some  person,  which  is  usually  the 
local  school-teacher. 

FALLEN  WOMEN. 

Near  Cologne  is  an  institution  for  the  reclamation  of  fallen  women, 
under  the  charge  of  the  Sisters  of  the  Good  Shepherd.  Here  we 
found  240  girls  over  14  years  of  age,  the  most  of  whom  had  gone 
astray.  They  are  kept  until  they  become  of  age,  or  until  they  can  go 
safely  to  a  good  place.  They  are  taught  various  industries,  and  to  all 
appearances  are  successfully  handled,  and  two-thirds  of  the  graduates 
are  reported  to  have  done  well,  and  many  of  them  are  married  and 
have  good  homes.  The  institution  is  admirably  managed  and  is  self- 
supporting.  In  fact,  taking  it  all  in  all,  in  its  various  departments,  I 
have  never  seen  any  other  institution  so  complete  in  all  its  appoint- 
ments and  so  scrupulously  clean.  The  sisters  are  dedicated  to  their 
work  for  life,  and  receive  no  pay.  Whatever  property  they  had  went 
into  the  general  fund  of  the  institution  when  they  joined  it.  The  spirit 
of  Christian  charity  and  kindness  pervades  the  whole  atmosphere  of 
the  institution,  and  the  business  ability  displayed  in  the  management 
is  superb.  There  were  70  sisters  at  the  institution,  but  some  of  them 
were  in  training  for  branch  institutions  elsewhere. 

DUSSELDORF. 

July  31  we  visited  the  Provincial  Prison  at  Dusseldorf,  in  which  we 
found  489  male  prisoners.  It  is  a  new,  well-planned  radiate  prison  with 
488  cells  for  males  and  80  for  women,  and  only  occupied  about  a  year. 
The  prisoners  were  mostly  young  men,  and  none  sent  for  more  than  15 
years.  The  prison  staff  consists  of  the  director,  three  instructors,  two 
chaplains,  a  teacher,  bookkeeper,  cashier,  and  secretary.  These  officials 
hold  a  conference  at  least  twice  a  week,  at  which  all  prison  matters  are 
considered  and  discussed,  and  the  director  then  decides.  The  council 
also  recommends  pardons  for  such  as  are  considered  worthy.  In  every 
room  there  is  hung  upon  the  wall  a  numbered  list  of  all  articles,  whether 
large  or  small,  that  belong  to  that  room,  for  which  the  person  in  charge 
of  the  section  to  which  the  room  belongs  is  responsible,  and  is  held  to 
a  strict  accountability.  The  general  regulations  are  similar  to  those  of 
Baden  and  Frankfort,  and  the  entire  administration  seemed  excellent. 
In  this  prison  the  separate  system  prevails,  and  prisoners  work  in  their 
cells. 

PRISONS    OF   HOLLAND. 

The  people  of  the  Netherlands,  in  prison  reforms,  as  in  many  other 
things,  were  pioneers,  and  their  penal  and  correctional  institutions  are 
very  creditable.  There  are  four  classes  of  prisons:  (1)  The  central 
prison  for  persons  sentenced  to  eighteen  mouths  and  upward;  (2) 
detention  prisons  for  less  than  eighteen  months;  (3)  prisons  of  arrest 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  103 

for  those  sentenced  to  three  months  or  less;  (4)  police  prisons  for  those 
condemned  to  one  month  or  under.  In  the  last  three  named  are  also 
kept  prisoners  awaiting  trial.  All  persons,  except  those  for  short  terms, 
are,  if  possible,  taught  a  trade.  All  prisons  are  cellular. 

ARNHEIM   PRISON. 

The  first  prison  visited  was  at  Arnheim,  in  the  province  of  Gelder 
land,  and  its  plan  of  construction  and  arrangement  is  different  from 
any  other  I  have  ever  seen.  It  is  built  in  a  circle,  and  the  tiers  of  cells 
are  around  a  central  court  covered  with  glass.  The  cells  are  9  by  13 
feet.  There  were  216  prisoners,  10  of  whom  were  women,  and  there 
were  no  sentences  over  five  years.  The  separate  system  prevails,  and 
all  prisoners  work  in  their  cells,  and  the  industries  are  upon  state 
account.  An  account  is  kept  with  each  prisoner  and  a  portion  of  his 
earnings  is  allowed  him.  The  entire  administration  was  very  commend 
able,  and  in  cleanliness  and  sanitary  arrangement  it  is  unsurpassed. 

THE   NETHERLANDS   METTRAY. 

At  Zutphen,  16  miles  east  of  Arnheim,  we  visited  a  reformatory  for 
boys  known  as  the  Netherlands  Mettray,  which  is  supported  by  volun- 
tary contributions.  There  were  130  boys,  committed  by  parents  or 
magistrates,  who  came  from  all  parts  of  the  Netherlands.  They  are 
kept  until  18  years  of  age,  and  after  14  learn  a  trade.  There  were  four 
caretakers,  two  teachers,  and  the  director.  In  Holland  and  Belgium 
the  hours  of  labor  are  longer  than  elsewhere,  and  this  rule  extends  to 
the  reformatory.  After  14  years  of  age  the  hours  of  work  are :  From 
8  to  12  a.  in.,  four  hours;  from  1  to  4.30  p.  m.,  three  and  one-half  hours ; 
from  5  to  8  p.  m.,  three  hours.  Making  a  total  of  ten  and  one-half  hours, 
which  to  an  American  seems  excessive  and  almost  cruel,  but  it  was  in 
accordance  with  the  customs  of  the  country,  and  the  boys  seemed 
happy  under  it,  and  certainly  they  became  accustomed  to  continuous 
labor.  In  the  winter  the  hours  are  shortened  to  nine  and  one-half 
hours,  closing  at  7  p.  m. 

AMSTERDAM  PRISON. 

At  Amsterdam,  in  the  suburbs,  we  visited  a  prison  with  about  200 
prisoners,  29  of  whom  were  women.  No  sentences  to  exceed  five  years. 
This  prison  is  supervised  by  eleven  commissioners,  called  the  college  of 
regents,  who  serve  without  pay.  The  director  is  appointed  by  the 
Crown,  and  he  nominates  his  subordinates.  In  Holland  prisons  there 
is  no  conference  of  officers,  as  in  Germany.  The  prison  regulations  and 
management  are  practically  the  same  as  at  Arnheim. 

ALKMAR   REFORMATORY. 

At  Alkmar,  40  miles  north  of  Amsterdam,  we  visited  what  is  known 
as  an  administrative  reformatory  for  boys.  This  is  a  State  institution 
with  101  boys  committed  by  magistrates  for  crime  or  vagrancy,  or 


104  FIFTH    INTERNATIONAL    PRISON   CONGRESS. 

because  of  worthless  parents.  The  place  is  inclosed  by  a  wall,  and 
what  we  saw  of  it  did  not  compare  favorably  with  similar  institutions 
we  saw  elsewhere.  For  the  first  and  only  time  in  all  Europe,  we  were 
refused  admission  to  the  interior  departments,  for  the  reason,  alleged 
by  the  director,  that  our  permit  from  the  department  of  justice  did  not 
name  reformatories  in  so  many  words,  and  only  specified  prisons  and 
workhouses.  Evidently  the  greater  included  the  less,  but  the  director 
was  inexorable.  However,  we  saw  enough  to  satisfy  ourselves  that  our 
exclusion  was  no  great  loss.  The  boys  were  outside  in  the  yard,  under 
military  drill,  without  uniform  or  arms,  and  we  could  see  in  passing  the 
shops  that  the  ordinary  trades  of  such  institutions  were  taught. 

THE   HAGUE. 

We  also  visited  an  old  prison  at  The  Hague,  which  is  no  longer  of 
much  use  except  as  a  curiosity.  A  small  part  is  retained  in  use  as  a 
station  house.  The  remainder  is  only  kept  as  an  object  lesson  of  the 
horrors  of  prison  cruelties  in  previous  centuries.  Here  all  of  the  old 
instruments  of  torture  are  on  exhibition,  and  we  realize  more  fully  how 
great  is  the  progress  that  has  been  made  during  the  present  century, 
and  can  thank  God  and  take  courage  for  the  century  to  come. 

ROTTERDAM. 

At  Rotterdam  we  visited  a  modern  radiate  and  cellular  prison  with 
260  prisoners  under  sentences  not  exceding  five  years.  All  are  under 
the  Pennsylvania,  or  separate  system,  and  each  prisoner  works  in  his 
cell.  The  industries  are  various,  but  are  mainly  tailoring,  cabinetmak- 
ing,  carpentering,  weaving,  and  mat  making.  There  are  no  corporal 
punishments,  and  no  conference  of  officers,  as  in  Germany,  but  each 
officer  reports  to  the  director  every  morning.  The  prison  seemed  well 
administered  in  all  departments. 

PRISONS   OF  BELGIUM. 

Belgium  is  the  only  country  in  the  world  in  which  the  Pennsylvania 
system  of  absolute  separation  of  prisoners  of  all  grades  and  terms  of 
sentence  is  in  operation,  except  long-term  prisoners  after  ten  years' 
service.  At  the  end  of  that  period  a  prisoner  may  claim  to  go  into 
association,  and  they  are  then  removed  to  Ghent,  where  they  work  and 
eat  in  company,  but  have  separate  sleeping  cells.  In  all  prisons  except 
Ghent  the  prisoner  never  leaves  his  cell  save  for  chapel  or  exercise;  at 
the  former  he  is  in  a  separate  box  or  compartment,  the  latter  he  takes 
alone  in  a  narrow  yard.  His  life,  however,  is  not  one  of  absolute  soli- 
tude. He  is  visited  frequently  by  his  warders  and  schoolmasters  and 
trade  instructors;  chaplain,  governor,  and  doctor  also  break  the  monot- 
ony of  his  life.  According  to  the  Belgium  view  of  the  case,  he  lives  in 
association  with  the  prison  staff,  not  with  his  fellow-criminals. 

That  there  are  advantages  in  this  system  is  evident,  and  penologists 
generally,  the  world  over,  concede  that  absolute  separation  should  be 


FIFTH    INTERNATIONAL    PRISON   CONGRESS.  105 

the  rule  for  prisoners  awaiting  trial,  and  largely  for  short-term  pris- 
oners under  definite  sentences;  but  beyond  that  there  are  so  many  dis- 
advantages and  objections  that  in  America  the  system  has  been  entirely 
abandoned,  except  at  the  Eastern  Penitentiary  of  Pennsylvania,  and  it 
is  not  likely  to  be  extended  except  for  the  classes  of  prisoners  herein- 
before mentioned,  and  for  whom  it  is  greatly  to  be  desired. 

The  Belgium  prisons  in  their  entirety  are  the  best  administered  in 
the  world,  and  worthy  of  imitation  in  many  directions. 

PRISON  AT  LOUVAIN. 

The  prison  at  Louvain  is  for  high  criminals,  with  no  sentences  less 
than  five  years.  It  is  radiate  in  form,  with  600  cells  and  an  average  of 
about  500  prisoners.  Separation  is  the  most  complete  of  any  seen 
anywhere.  The  rules  require  the  chaplains,  of  which  there  are  two,  to 
visit  50  prisoners  every  day,  and  the  director  20;  but  they  do  not  find 
it  practicable  to  do  so  continuously.  The  prisoners,  however,  are 
visited  every  day  by  directors  of  work  and  other  officers.  There  is  a 
conference  of  officers  every  morning  to  hear  reports  and  arrange  for 
the  duties  of  the  day.  Long-term  prisoners,  after  ten  years,  are  allowed 
to  go  to  Ghent  if  they  so  desire,  but  it  is  claimed  that  hardly  one  in  a 
hundred  so  chooses.  Cells  are  8  by  13  in  size,  and  are  heated  by  hot 
water.  There  are  three  tiers  of  cells  above  the  basement,  and  three 
grades  of  prisoners.  Those  of  the  first  grade  receive  one-half  of  their 
earnings,  those  of  the  second  grade  four-tenths,  and  those  of  the  third 
grade  three-tenths.  The  industries  of  the  prison  are  various,  and 
every  prisoner  who  has  no  trade  is  carefully  taught  one  in  a  regular 
apprenticeship.  All  illiterate  prisoners  are  taught  reading,  writing, 
arithmetic,  elementary  notions  of  grammar,  history,  and  geography, 
and  the  elements  of  geometry  and  linear  drawing.  Libraries  are  found 
in  all  prisons,  containing  not  only  works  of  a  religious  and  instructive 
nature,  but  also  romances,  poetry,  and  other  entertaining  books,  all  of 
which,  however,  are  of  a  moral  and  improving  type.  The  exercises  of 
worship  and  religious  instruction  are  organized  with  great  care,  and 
the  religious  sentiment  is  regarded  as  the  most  important  element  in 
penitentiary  education. 

The  organization  of  the  prison  staff  is  very  complete.  The  employees 
begin,  so  to  speak,  on  the  lowest  round  of  the  ladder,  and  step  by  step 
they  may  reach  the  position  of  director;  and  no  one  is  considered  fit 
to  be  a  director  except  through  long  training  and  experience.  In  per- 
fection of  administration  there  is  no  prison  in  the  world  superior  to 
that  at  Louvain. 

BRUSSELS  PRISON. 

In  the  prison  at  Brussels  we  found  530  prisoners,  all  males,  with  sen- 
tences varying  from  six  months  to  five  years.  The  prison  is  radiate, 
and  is  similar  in  construction  and  administration  to  Lou  vain.  Here 
there  are  three  chaplains  (Catholic  priests)  and  two  teachers,  who  give 


106  FIFTH   INTERNATIONAL   PRISON   CONGRESS. 

their  entire  time  to  the  work.  The  prison  is  visited  and  inspected 
monthly  by  a  board  appointed  by  the  director  of  prisons  of  the  depart- 
ment of  justice.  They  serve  without  pay  and  are  eight  in  number.  Com- 
mittees of  prisoners'  aid  associations  also  visit  the  prison.  No  corporal 
punishments  are  permitted  in  Belgium,  and  there  are  no  capital  pun- 
ishments. For  twenty-five  years  all  sentences  to  death  have  been  com- 
muted to  imprisonment  for  life,  and  that  is  now  the  established  rule. 

GrHENT  PRISON. 

The  Ghent  prison  for  more  than  a  century  has  been  the  model  of 
the  world  in  construction  and  administration.  This  was  the  first 
prison,  and  about  the  only  one,  that  John  Howard  could  fully  com- 
mend. The  prison  was  clearly  the  model  of  the  prison  at  Philadelphia. 

Here  we  found  about  1,200  prisoners.  The  prison  is  divided  into 
eight  sections :  A  is  for  administration ;  B,  for  prisoners  with  sentences 
from  one  to  three  months;  C,  three  to  six  mouths;  D,  life  prisoners; 
E,  hospital  and  administration;  F,  boys  from  16  to  18;  G,  boys  from  18 
to  21;  H,  for  prisoners  for  whom  there  was  no  room  at  Louvain. 

Each  division  is  kept  entirely  separate  from  the  other  divisions. 
There  are  three  tiers  of  cells  and  a  basement.  The  upper  and  lower 
tiers  are  used  for  workshops,  chapel,  dining  rooms,  etc.,  with  a  separate 
dining  room  for  each  section.  However,  there  is  but  one  kitchen  for  all 
the  sections.  With  the  exception  of  section  H,  all  prisoners  are  under 
the  Auburn  system  of  associated  labor  by  day  and  cellular  separation 
by  night,  and  in  its  administration  it  has  no  superior. 

CONCLUSION. 

From  this  review  of  European  prisons,  my  conclusions  are  that  what- 
ever superiority  they  have,  and  in  which  we  would  do  well  to  imitate 
them,  is,  namely: 

(1)  In  the  separation  of  prisoners  awaiting  trial. 

(2)  In  the  greater  efficiency  of  administration  by  trained  experts  and 
a  continuous  service. 

(3)  In  the  post-penitentiary  treatment  of  prisoners  through  prison- 
ers' aid  societies. 

In  some  directions  America  is  clearly  in  advance  of  Europe: 

(1)  Our  Elmira  system  of  progressive  classification  under  the  inde- 
terminate sentence. 

(2)  In  our  system  of  juvenile  reformatories. 

(3)  In  the  Massachusetts  system  of  probation  under  suspended  sen- 
tences. 

So,  when  we  come  to  balance  accounts,  Europe  has  about  as  much  to 
learn  from  America  as  America  has  from  Europe,  so  that  there  is  no 
occasion  for  boasting  on  either  side,  but  every  reason  to  exchange  expe- 
riences and  compare  methods  and  endeavor  in  all  directions  to  make 
progress  in  the  future. 


THE  BERTILtON  SYSTEM. 


By  Maj.  R.  W.  MCCLAUGHRY. 


In  1881,  when  the  question  of  deportation  of  habitual  criminals 
agitated  the  minds  of  the  French  people  and  was  discussed  in  the 
National  Assembly,  M.  Alphonse  Bertillon  first  presented  to  the  public 
of  Paris  a  method  of  describing  persons  and  identifying  individuals 
vastly  superior  to  all  the  old  methods,  with  their  vague  indications  of  a 
person's  height,  the  color  of  his  hair  and  eyes,  his  complexion,  the  size 
or  form  of  his  nose,  chin,  forehead,  etc. 

To  show  the  defects  of  the  old  methods  M.  Bertillon  stated,  from 
personal  measurements  and  observations  made  in  Paris  with  over 
10,000  subjects,  that  among  a  hundred  persons  of  same  height  thus 
observed  87  had  what  is  commonly  called  "  brown"  hair,  10  had  blonde 
hair,  2.7  had  black  hair,  and  0.3  (3  in  every  1,000)  had  red  hair. 

A  person  with  "brown"  hair  has,  therefore,  no  distinction  from  nine- 
tenths  of  the  total  population.  In  other  words,  in  nine  out  of  ten  times 
a  description  of  the  color  of  the  hair  would  be  useless,  or  nearly  so. 
The  color  of  the  hair,  therefore,  has  a  characteristic  descriptive  power 
only  with  the  blonde,  black,  and  red  headed.  One  might  as  well,  in  a 
lesser  proportion,  require  a  man's  description  to  state  whether  he  was  a 
hunchback  or  not.  An  individual  ranged  in  the  category  of  nonhunch- 
backs  would  have  this  characteristic  common  with  9,999  out  of  every 
10,000  persons.  Still  more  difficult  is  description  considered  in  connec- 
tion with  the  terms  "  long,  large,  medium,  small,"  etc.,  which,  in  ordinary 
descriptions,  means  to  convey  an  idea  of  the  appearance  of  the  nose, 
forehead,  mouth,  etc.  One  sees  hardly  anything  else  but  "medium;" 
and  what  appears  small  to  one  person  to-day  may  to-morrow  be  described 
as  large  by  another. 

Similar  difficulties  appear  in  the  description  of  the  color  of  the  eye, 
one-third  of  the  subjects  observed  of  even  height  having  hazel  eyes, 
one-fourth  what  is  commonly  styled  gray,  one-seventh  blue,  and  one- 
fourth  of  indistinct  color. 

The  same  with  the  height.  Nearly  one-third  of  all  measured,  range, 
within  the  small  limit,  between  1.65  meters  to  1.70  meters;  one-third 
from  the  dwarf  to  1.65  meters,  and  one-third  from  1.70  meters  to  the 

giant. 

107 


108  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

These  are  the  principal  features  of  the  old-style  descriptions. 

Photographs,  while  valuable  in  verifying  the  identity  of  an  individual, 
are  altogether  impotent  to  help  you  discover  this  identity,  if  you  have 
no  other  means  but  your  eyes  to  search  for  the  picture  among  the  thou- 
sands in  an  ordinary  collection. 

All  these  difficulties  are  obviated  by  the  new  Bertillon  method  of 
identification,  which  consists  of  the  measurement  and  subsequent 
classification  and  subdivision  of  such  parts  of  the  human  body  as  do 
not  change  in  size  after  a  person  has  attained  his  full  growth — such  as 
the  length  and  width  of  the  head,  the  length  of  the  middle  and  little 
fingers,  the  length  of  the  foot,  forearm,  etc.,  the  height  of  the  figure, 
the  measurement  of  the  outstretched  arms,  and  the  trunk  of  a  person 
seated,  etc.  A  man  individualized  by  measurements  of  this  character 
is  mathematically  identified.  This  system  proceeds  upon  the  known 
basis  that  it  is  practically  impossible  to  find  two  persons  showing 
exactly  the  same  authropometric  indications  in  every  particular  just 
mentioned ;  consequently  accurate  measurement  of  each  individual  will 
invariable  lead  to  his  identification  and  separation  from  all  others. 

But  in  order  that  this  identification  maybe  of  use  in  discovering  the 
habitual  criminal,  a  system  of  classification  is  required  by  which  such 
a  result  may  be  reached  without  great  expenditure  of  time  and  trouble 
in  searching. 

Suppose  we  have  a  collection  of  60,000  descriptions  of  men,  and 
divide  them  into  three  equal  groups,  according  to  the  measurement  of 
the  length  of  the  head — those  with  small  length,  20,000;  those  with 
medium  length,  20,000;  those  with  large  length,  20,000. 

To  make  these  groups  approximately  equal  it  is  evidently  necessary 
that  the  series  of  medium  length  of  head  should  be  of  less  extent  than 
those  of  large  or  small  length,  and  should  contain,  for  instance,  only 
the  individuals  measuring  from  19  to  19.4  centimeters  (metric  system), 
while  that  of  large  length  should  contain  all  the  individuals  measuring 
19.5  and  more,  and  that  of  the  small  length  all  those  measuring  less 
than  19  centimeters. 

The  same  rule  is  applicable  to  the  classification  of  all  measurements, 
as  nature  itself  commends  and  treads  the  "  golden  mean  "  in  preference 
to  the  abnormally  small  or  large.  Each  one  of  these  original  divis- 
ions is  then  subdivided,  on  the  same  principle,  without  regard  to  the 
length  of  the  head  of  the  individual,  into  three  groups,  according  to  the 
width  of  the  head.  These  new  subdivisions,  numbering  3  x  3=9,  would 
then  contain  those  with  heads  of  small  width,  6,000  descriptions  and 
over;  of  medium  width,  6,000  descriptions  and  over;  of  large  width, 
6,000  descriptions  and  over. 

Experience  proves  that  the  width  of  the  head  of  most  people  varies 
independently  of  the  length.  In  other  words,  if  the  head  of  an  indi- 
vidual measures  a  certain  length  it  does  not  necessarily  follow  that  its 
width  can,  even  approximately,  be  determined  thereby. 


FIFTH    INTERNATIONAL    PRISON   CONGRESS.  109 

The  length  of  the  middle  finger  will  give  a  third  indication,  dividing 
the  9  groups  we  already  have  into  3  groups  each,  making  27  groups  in 
all,  with  the  following  result:  Those  with  small  middle  finger,  2,000 
descriptions;  with  medium  middle  finger,  2,000  descriptions ;  with  large 
middle  finger,  2,000  descriptions. 

Another  subdivision  by  the  measurement  of  the  foot  (in  three  classes — 
small,  medium,  and  large)  will  reduce  the  27  groups  of  2,000  into  81 
of  over  GOO  each.  Each  will  again  be  subdivided  into  still  smaller 
groups  by  taking  the  forearm  as  basis  of  subdivision.  Another  sub- 
division is  effected  by  the  measurement  of  the  height,  another  by  the 
little  finger,  the  ear,  etc.  A  division  of  the  length  of  the  forearm  would 
give  a  quotient  of  200,  reduced  by  a  division  of  the  height  to  66,  again 
reduced  by  the  little  finger  to  22,  by  the  ear  to  7,  and  so  on.  The 
meaning  of  all  this  is  that  by  the  means  of  8  coefficient  anthorpometric 
measurements,  each  divided  into  3  mathematically  defined  classes  of 
small,  medium,  and  large,  a  collection  of  as  many  as  60,000  descrip- 
tions could"  be  divided  into  groups  of  no  more  than  7  or  8  descriptions 
each,  which  it  would  be  an  easy  matter  to  examine  rapidly  and  care- 
fully, and  with  the  desired  results. 

Suppose,  again,  that  a  criminal  is  arrested  under  an  assumed  name, 
and  we  wish  to  ascertain  whether  he  has  been  measured  and  photo- 
grr.phed  before.  We  take  an  exact  measurement  of  the  length  of  his 
head  and  will  know  at  once  in  which  of  the  main  divisions  we  can  find 
his  name.  The  width  of  his  head  will  lead  us  more  specifically  to  the 
place  his  description  can  be  found.  The  length  of  his  middle  finger,  of 
his  foot,  forearm,  height,  little  finger,  ear,  etc.,  will  enable  us  to  arrive 
at  the  exact  place  where  his  photograph  and  description  have  been 
filed— if  at  all. 

If  a  measurement  coincides  exactly  with  the  figures  on  the  limit  of  a 
division,  the  search  has  also  to  be  made  in  the  next  lower  or  higher 
adjoining  division. 

Experience  has  demonstrated  that  the  different  parts  of  the  human 
body  are  not  by  any  means  in  constant  congruity,  one  with  each  other. 
One  person  is  of  small  stature,  but  has  a  large  head  and  large  feet; 
another  has  small  feet  and  short  fingers,  but  is  of  tall  stature.  The 
variations  in  individuals  are  so  great,  and  the  precision  of  the  measure- 
ments so  minute  and  perfect,  that  among  a  hundred  thousand  subjects 
there  are  hardly  ten  who  will  show  even  approximate  figures  on  every 
indication.  But  even  these  few  can,  by  the  description,  according  to 
the  Bertillou  method,  of  the  eye  and  the  nose,  and  the  form  and  loca- 
tion of  accidental  scars  and  marks,  be  individualized,  almost  beyond 
a  possible  doubt  or  confusion. 

If  I  know  how  to  spell  a  word,  "bread,"  for  instance,  and  wish  to  find 
it  and  its  definition  in  the  dictionary,  I  look  first  for  the  letter  B,  elimi- 
nating the  25  other  letters  of  the  alphabet;  then  I  find  E  as  a  subdivi- 
sion to  B,  then  E  as  a  subdivision  to  BE,  then  A  and  D  in  a  similar  way, 


110  FIFTH    INTERNATIONAL    PRISON   CONGRESS. 

until  I  find  that  very  word  in  the  only  place  in  the  dictionary  where,  if 
correctly  spelled,  it  can  properly  be  filed.  Similar  analyses  and  elimi- 
nation are  made  in  searching  for  a  description  in  an  anthropometrical 
file,  with  results  almost  equally  favorable. 

The  volume  containing  M.  Bertillon's  instructions  for  taking  anthro- 
pometric  descriptions  will  bear  convincing  testimony  to  the  thorough 
and  thoughtful  manner  in  which  he  has  treated  his  subject.  Of  neces- 
sity he  enters  minutely  into  the  details  of  execution,  but  demonstrates 
that  the  practice  of  it  is  very  simple,  expeditious,  and  easily  learned; 
that  it  is  an  operation,  the  performance  of  which  is  within  the  range  of 
the  intelligence  of  an  ordinary  person  and  requires  but  a  few  minutes 
of  time. 

The  history  of  the  practical  application  of  the  Bertillon  method  of 
identification  runs  back,  even  in  France,  but  a  few  years.  Inaugurated 
by  the  prefecture  of  police  in  Paris  at  the  end  of  1882,  49  individuals 
were,  by  this  method  exclusively,  recognized  as  habitual  criminals  in 
1883,  after  all  other  means  of  identification  had  failed;  241  were  by 
the  same  means  identified  in  1884,  more  than  500  in  1885,  and  a  pro- 
portionally increasing  number  for  each  year  since. 

The  intrinsic  value  of  the  system,  recognized  and  proven  by  such 
results,  so  strongly  recommended  itself  to  M.  Herbette,  councilor  of 
state  and  director- general  of  the  penitentiary  administration  in  France 
(a  branch  of  the  department  of  the  interior),  that  he  lent  M.  Bertillon 
his  powerful  assistance  in  getting  the  system  officially  recognized  and 
extended  throughout  France,  where,  in  police  as  well  as  penitentiary 
circles,  it  is  now  universally  adopted  and  successfully  practiced. 

The  public  press  in  various  parts  of  the  country  has  from  time  to 
time  favorably  commented  on  the  system  as  practiced  in  the  United 
States.  Professors  of  colleges  and  universities  have  looked  into  its 
workings  and  pronounced  it  a  success.  Officers  of  the  army  are  seri- 
ously considering  it  with  a  view  of  advocating  its  adoption  for  the 
identification  of  deserters;  and  departments  of  police  all  over  the 
United  States  are  beginning  to  appreciate  its  merits,  and  to  assist  in 
its  general  adoption.  The  Bertillon  system  is  in  a  fair  way  of  becom- 
ing a  fixture  of  permanent  and  universal  usefulness  in  the  United  States 
and  Canada. 

Words  need  not  be  wasted  in  demonstrating  the  utility  of  the  Bertil- 
lon system  in  the  identification  of  criminals  and  in  the  separation  of 
the  habitual  or  professional  from  the  occasional  or  first  offender,  or  in 
pointing  out  the  facilities  in  recording  descriptions  it  offers  to  police 
officials,  the  wardens  of  prisons  and  penitentiaries,  and  the  superin- 
tendents of  reformatories. 

The  objection  has  been  raised  that  such  an  accurate  and  minute 
description  of  a  man  as  the  Bertillon  method  affords  would  do  great 
injury  to  the  first  or  occasional  offender  by  placing  him  in  the  same 
category  and  in  the  same  files  with  hardened  and  professional  criini- 


FIFTH   INTEENATIONAL    PRISON    CONGRESS.  Ill 

nals.  This  is  a  fallacious  and  misleading  argument.  On  the  contrary, 
the  Bertillon  method  gives  more  protection  to  that  class  of  unfortunates 
than  any  other  mode  hitherto  practiced  in  describing  a  person.  The 
description  of  an  individual,  according  to  the  Bertillon  method,  is  buried 
and  hidden  in  the  classified  files,  never  again  to  be  resurrected  or  exam- 
ined, unless  called  forth  by  a  duplicate  description  taken  from  the 
identical  person  and  occasioned  by  a  subsequent  offense. 

The  general  utility  of  the  system  can  not  be  better  elucidated  than 
by  quoting  some  of  the  remarks  made  concerning  it  by  M.  Herbette  at 
the  International  Prison  Congress  at  Eome,  in  November,  1885. 

He  set  forth  all  the  services  already  rendered  by  the  system  of 
anthropometric  descriptions,  together  with  those  that  it  would  yet  be 
called  on  to  perform.  He  dwelt  upon  the  assistance  that  the  system 
could  be  called  upon  to  render  toward  identifying  international  male- 
factors, who  so  readily  adopt  names  and  countries  other  than  their  own. 
Crime  becoming  in  some  sort  professional,  and,  as  it  were,  a  specialty 
in  the  hands  of  a  few  individuals  who  know  how  to  profit  by  the  prog- 
ress of  civilization  and  escape  repression,  it  is  natural  that  society 
should,  in  retaliation,  avail  itself  of  the  discoveries  of  science  in  order 
to  baffle  their  schemes. 

The  application  of  M.  Bertillon's  method  has  justified  the  hopes  it 
inspired.  At  Paris,  at  Versailles,  at  Meluu,  at  Poissy,  at  Lyons,  etc., 
the  system  is  adopted  in  its  integrity.  A  few  days  have  sufficed  to 
teach  it  to  the  guards  and  officers  in  charge. 

Ascending  to  more  general  considerations,  and  praising  the  success- 
ful efforts  of  M.  Bertillon,  M.  Herbette  demonstrated  how  this  ascer- 
tainment of  the  physical  personality  and  undeniable  identity  of  in- 
dividuals, arrived  at  an  adult  age,  may  be  made  to  answer  for  needs 
the  most  real  and  service  the  most,  varied : 

Should  it  be  a  question,  for  example,  of  giving  to  the  inhabitants  of  a  country, 
the  soldiers  of  au  army,  or  travelers  visiting  the  most  distant  lands,  individual 
descriptions  or  charts  of  peculiar  marks  enabling  them  to  identify  themselves,  or  be 
recognized  at  all  times;  should  it  be  a  question  of  preventing  false  impersonations; 
should  it  be  a  question  of  recording  all  the  distinctive  marks  on  an  individual  on 
bank  drafts  and  letters  of  credit,  or  in  documents,  titles,  and  contracts,  where  it  is 
desirable  that  his  personality  should  be  established  for  his  own  interest,  for  the 
interest  of  third  parties,  or  for  the  interest  of  the  State,  the  system  of  anthropometric 
descriptions  will  in  each  instance  find  its  proper  office.  Should  there  be  a  certificate 
of  life,  a  policy  of  life  insurance,  or  occasionally  a  certificate  of  death  to  be  drawn 
up ;  should  there  be  something  needed  to  certify  to  the  identity  of  an  insane  or 
unconscious  person,  who  may  be  seriously  wounded  or  disfigured  so  that  he  can 
hardly  be  recognized ;  in  case  of  sudden  or  violent  death,  the  result  of  crime,  of 
accident,  of  shipwreck,  of  battle,  how  serviceable  it  would  be  to  trace  these  private 
marks,  unchangeable  in  each  individual,  endlessly  variable  between  individuals, 
indelible,  in  part  at  least,  until  death. 

The  advantage  of  it  would  be  still  more  manifest  if  it  were  necessary  to  establish 
the  identity  of  people  far  away,  after  a  lapse  of  time,  when  their  external  appear- 
ance, their  physiognomy,  their  features,  and  physical  habits  have  become  changed, 
either  naturally  or  artificially;  and  that  without  removal  or  expense,  by  a  simple 


112  FIFTH   INTERNATIONAL    PRISON    CONGRESS. 

exchange  of  notes  or  figures  forwarded  from  one  country  to  another,  from  one  conti- 
nent to  another,  in  a  manner  to  make  it  known  in  the  United  States  who  such  a  man 
is  who  came  from  France,  and  to  ascertain  whether  such  and  such  a  traveler  met 
with  at  Rome  is  indeed  the  same  person  who  was  measured  at  Stockholm  ten  years 
before. 

In  a  word,  to  fix  the  human  personality,  to  give  each  human  being  an  identity 
and  individuality  certain,  durable,  invariable,  always  recognizable  and  always 
capable  of  being  proven — such  seems  to  be  the  broadest  aim  of  the  new  system. 

It  may  be  said,  in  consequence,  that  the  range  of  the  problem,  as  well  as  the  impor- 
tance of  its  solution,  passes  far  beyond  the  limits  of  penitentiary  work,  and  of  the 
interest  (although  quite  considerable)  in  the  action  to  be  taken  on  penal  questions 
by  the  various  nations. 

Such  are  the  motives  that  have  induced  us  to  give  the  labors  of  M.  Bertillon  and 
their  practical  usefulness  the  publicity  that  befits  them. 

In  conclusion,  one  thing  more  ought  not  to  be  lost  sight  of.  I  quote 
M.  Bertillon's  own  words : 

Although  the  details  of  the  system  have  been  decided  on,  I  would  not  refuse  to 
adopt  any  new  modification  offering  superior  advantages,  no  matter  how  the  change 
might  affect  the  French  collections  to  date.  I  beg  of  the  prison  and  police  authori- 
ties of  other  countries,  who  are  disposed  to  adopt  the  authropometric  system,  not  to 
introduce  special  modifications  of  their  own,  which  would  tend  to  destroy  the  uni- 
formity of  the  system,  when  it  is  an  easy  matter  for  all  to  act  in  concert  as  regards 
the  different  measurements  to  be  taken,  the  choice  of  instruments,  and  the  modus 
operandi. 

It  is  at  the  very  outset  of  these  questions  that  we  must  lay  the  foundation  for  the 
future  internationalization  of  the  system,  without  waiting  for  routine  on  one  hand, 
and  the  yearly  accumulations  of  dissimilar  informations  on  the  other,  to  put  insur- 
mountable obstacles  in  the  way. 


ANTHROPOMETRIC  MEASUREMENTS. 


By  PAUL  RICHARD  BROWN,  M.  D., 
Major  and  Surgeon,  United  States  Army. 


Quetelet,  the  illustrious  Belgian  scientist,  first  demonstrated  the  fact 
that  mathematical  laws  determine  the  distribution  of  the  forms  and 
dimensions  of  all  animate  things.  The  frequency  with  which  a  form  or 
dimension  occurs  progressively  diminishes  as  it  is  removed  from  the 
mean.  This  decrease  is  in  almost  exact  concordance  with  a  simple  math- 
ematical formula :  Newton's  binomial  theorem — the  law  of  the  coeffi- 
cients of  the  binomial  in  its  development. 

If  we  go  into  a  forest  of  oaks  of  every  age  and  size,  what  an  infinite 
variety  not  only  in  heights,  but  in  forms.  However,  if  we  examine  into 
the  matter  a  little  more  closely;  if  we  classify  all  the  trees  according 
to  their  ages,  there  will  be  an  entirely  different  aspect  of  affairs;  there 
still  will  be  differences  in  heights,  but  between  the  tallest  and  shortest 
trees  all  the  others  will  be  grouped  in  accordance  with  the  law  above 
mentioned. 

The  trees  of  average  height  will  form  much  the  most  numerous  group, 
and  in  proportion  as  the  various  trees  are  removed  from  this  average 
height  they  will  become  rarer  and  rarer.  At  the  extreme  limits  there 
will  be  only  a  few  exceptional  individuals.  This  numerical  decrease  is 
not  simply  a  result  which  is  observed  but  it  can  be  mathematically 
calculated  independently  of  all  observation.  The  number  of  trees, 
whether  giants  or  dwarfs,  is  determined  according  to  a  law  as  fixed  as 
that  which  presides  over  the  symmetrical  development  and  arrangement 
of  their  leaves.  The  mean  of  form  or  dimension  may  vary  greatly,  so 
far  as  man  is  concerned,  from  one  race  to  another,  but  the  mean  once 
found,  there  need  be  no  further  difficulty.  For  instance,  so  far  as  the 
height  is  concerned  in  each  country  the  oscillations  will  be  abouta  mean 
greater  or  smaller  which  will  be  determined  by  the  influence  of  race, 
climate,  differences  in  food  and  occupation,  etc.  As  all  the  forms  and 
dimensions  of  man  oscillate  or  vary  between  a  maximum  and  a  mini- 
mum, necessarily  the  forms  and  dimensions  intermediate  bet  ween  these 
two  extremes  will  form  much  the  largest  proportion  of  the  cases;  hence 
the  necessity  of  three  grand  divisions — the  small,  the  medium,  and  the 
great. 

S.  Doc.  181 8  U3 


114  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

The  terms  describing  these  divisions  of  forms  and  dimensions  may 
greatly  vary,  but  the  dominant  idea  will  always  be  the  same.  It  has 
been  conclusively  demonstrated  that  after  21  years  of  age,  the  various 
bony  lengths  of  the  human  body  remain  practically  unchangeable 
throughout  life,  and  vary  greatly  from  one  individual  to  another.  The 
Bertillon  system  of  anthropometric  identification  is  simply  a  practical 
application  of  the  great  scientific  truths  discovered  by  Quetelet  and 
published  to  the  world  by  him  in  his  work  upon  anthropometry,  and 
but  for  this  philosopher  there  would  have  been  no  so-called  Bertillon 
system. 

The  identification  of  criminals  is  only  a  part,  au  important  part  it  is 
true,  of  the  Bertillon  system.  It  has  aims  loftier  and  greater  than  the 
mere  determination  of  the  personal  identity  of  criminals.  In  many 
ways  a  determination  of  physical  personality  may  be  advantageous  to 
society  in  general  independently  of  its  efficacy  in  the  prevention  and 
repression  of  crime.  Wherever  and  whenever  the  establishment  of  the 
identity  of  an  individual  is  essential  to  secure  his  interests,  the  inter- 
ests of  his  associates,  or  those  of  the  State,  the  Bertillon  system  is 
capable  of  rendering  valuable  service.  If  we  wish  to  determine  the 
identity  of  a  victim  of  a  railway  accident,  of  a  soldier  killed  in  battle — 
in  all  cases  where  the  body  has  been  destroyed  to  such  an  extent  that 
it  is  unrecognizable  by  any  of  the  ordinary  methods  of  identification — 
the  Bertillou  system  again  proves  its  value. 

Numerous  cases  have  been  brought  to  light  by  the  agents  of  the 
United  States  Pension  Bureau  where  individuals  have  assumed  the 
name  and  civil  condition  of  other  persons  and  for  years  have  fraudu- 
lently been  drawing  pensions  from  the  Government. 

Had  the  soldier  whose  name  has  thus  been  appropriated  been  meas- 
ured and  examined  according  to  this  system  on  his  entry  into  the  serv- 
ice, no  such  fraud  would  have  been  possible,  or  at  all  events  would 
soon  have  been  detected.  Had  a  similar  system  been  in  use  in  our 
armies  during  our  last  war,  there  would  have  been  no  bounty  jumping, 
which  at  one  time  threatened  the  integrity  of  the  Army  of  the  Potomac. 
Were  this  system  in  general  use,  a  dead  body  at  the  morgue,  a  man 
attacked  by  paralysis  on  the  street  and  unable  to  give  his  name  and 
address,  a  lunatic  running  amuck,  etc.,  could  readily  be  identified  and 
there  would  be  no  danger  of  having  those  nearest  and  dearest  to  us 
consigned  to  the  oblivion  of  the  potter's  field.  The  famous  Tichborn 
claimant  case  could  have  been  settled  in  five  minutes  had  both  parties 
been  previously  examined  and  measured.  Hundreds  of  applications 
of  this  system,  entirely  distinct  from  criminal  identification,  will  sug- 
gest themselves  to  anyone  familiar  with  its  principles. 

An  international  extension  of  this  system  would  soon  terminate  the 
depredations  of  foreign  criminals  who  change  their  names  with  every 
change  of  domicile.  Professional  criminals  are  quick  to  utilize  to  their 
own  advantage  every  improvement  made  in  the  arts  and  sciences  bear- 


FIFTH    INTERNATIONAL    PRISON   CONGRESS.  115 

ing  upoii  their  specialties.  The  use  of  dynamite  for  the  purpose  of 
destroying  the  locks  of  safes  may  be  mentioned  as  an  illustration. 

Criminology  should  likewise  have  recourse  to  these  discoveries  when- 
ever their  employment  is  likely  to  foil  the  stratagems  of  professional, 
habitual  criminals. 

The  Bertillon  system  is  not  in  the  experimental  stage;  the  problem  of 
anthropometric  identification  has  been  solved  and  the  sociological  value 
of  this  method  clearly  demonstrated  by  a  practical  test,  which  in  France 
has  extended  over  a  period  exceeding  ten  years.  This  system  is  in  gen- 
eral use  throughout  France,  Belgium,  Switzerland,  Russia,  several 
South  American  Republics,  and  is  now  being  introduced  into  England, 
so  slow  to  adopt  new  methods,  especially  if  they  are  French. 

In  the  United  States  it  is  in  practical  operation  in  Illinois  (intro- 
duced by  Maj.  R.  W.  McClaughry  in  1887),  Michigan,  Wisconsin,  and 
within  the  last  eighteen  months  it  has  been  legalized  in  the  State  of 
Massachusetts.  On  the  6th  of  March,  1896,  it  was  also  formally  and 
definitely  adopted  by  the  police  department  of  the  city  of  New  York. 

It  may  be  asked  how  the  Bertillon  system  can  aid  in  the  capture  of  a 
criminal  who  is  at  large.  It  can  not,  unless  he  previously  has  been 
measured  and  examined.  Let  us  suppose,  for  instance,  that  a  murder 
has  been  committed  in  Chicago  and  the  murderer  arrested  and  measured, 
but  by  some  means  he  manages  to  escape.  He  comes  to  New  -York 
and  is  arrested  for  some  trivial  offense — vagrancy,  for  example.  The 
Chicago  measurements  having  been  mailed  or  telegraphed  from  that 
city  to  New  York  at  the  time  of  this  criminal's  escape,  the  man  is  at 
once  identified.  Were  this  system  in  practical  operation  throughout 
the  whole  country,  all  the  professional  criminals  of  the  United  States 
would  soon  be  known  to  the  police  authorities  of  our  large  cities.  When 
France  adopted  the  Bertillon  system,  there  was  an  exodus  of  habitual 
criminals  to  Belgium;  Belgium  in  self-defense  adopted  it  and  the  mal- 
efactors flocked  into  Switzerland.  When  Switzerland,  in  turn,  fell  into 
line,  there  was  a  hegira  to  other  countries,  etc.  The  Bertillon  sys- 
tem consists  of  three  distinct  parts:  First,  the  measurements  of  certain 
bony  lengths  of  the  human  body,  called  anthropometric;  second,  a 
systematic  analysis  of  the  features  of  the  face;  third,  an  exact  ana- 
tomical localization  of  the  various  scars,  marks,  congenital  or  acquired, 
of  the  subject  under  examination.  Of  the  various  bony  lengths  of  the 
body,  Bertillon  has  selected  certain  of  these  lengths  which  vary  greatly 
from  one  individual  to  another  and  which  admit  of  easy  measurement 
and  of  still  easier  classification. 

These  lengths  are  as  follows:  The  antero-posterior  and  transverse 
diameters  of  the  head;  the  bizygomatic  diameter;  the  length  of  the 
middle  finger;  the  length  of  the  little  finger;  the  length  of  the  foot; 
the  cubit  or  distance  from  the  point  of  elbow  to  the  end  of  the  middle 
finger;  the  stretch  or  distance  between  the  extremities  of  the  middle 
fingers  when  the  arms  are  extended  crossways;  the  height  proper  and 


116  FIFTH    INTERNATIONAL   PRISON   CONGRESS. 

the  height  of  the  subject  when  seated.  To  these  measurements  are 
added  the  length  of  the  ear.  an  organ  which  is  virtually  unalterable 
throughout  life. 

The  measurements  of  the  head,  middle  finger,  foot  and  cubit,  which 
are  capable  of  being  taken  with  more  exactness  than  the  others,  may 
be  termed  the  grand  classification  measurements.  The  instruments 
employed  are  a  head  caliper  and  two  measures  which  somewhat  resem- 
ble those  employed  by  shoemakers.  There  is  also  a  plain  wooden 
measure  for  taking  the  height  and  trunk.  They  are  inexpensive,  and 
in  an  hour's  time  any  schoolboy  15  years  old  of  average  intelligence  can 
be  taught  their  modus  operand!.  After  these  various  measurements 
come  a  systematic  analysis  and  classification  of  the  features  of  the 
face  in  accordance  with  the  same  grand  principle  enunciated  above; 
the  oscillation  of  all  forms  and  dimensions  between  a  maximum  and  a 
minimum.  The  results  of  these  analyses  are  called  descriptive  data. 
They  apply  both  to  form  and  dimension.  The  following  analysis  of  the 
profile  or  outline  of  the  bridge  and  base  of  the  nose  will  give  an  idea 
of  these  analyses : 

The  profile  of  the  bridge  of  the  nose  may  be  rectilinear  (the  mean), 
convex,  or  concave  (the  extremes),  and  the  qualifying  term  sinuous,  if 
necessary,  may  be  applied  to  each  one  of  the  above  forms.  Thus  a 
nose  would  be  called  convex-sinuous  in  which  the  general  profile  of  the 
bridge  of  the  nose  was  convex  and  also  somewhat  undulating.  The 
base  of  the  nose  may  be  horizontal  (the  mean),  elevated,  or  depressed 
(the  extremes). 

Thus  it  will  be  seen  that  a  nose  with  convex,  rectilinear,  or  concave 
bridge  may  be  elevated,  horizontal,  or  depressed  so  far  as  its  base  is 
concerned.  By  the  use  of  the  parentheses  and  underlining  we  can 
modify  each  of  the  above  qualificatives.  For  instance,  employing  these 
characters,  the  series  of  concave  nose  bridges  could  be  arranged  as 
follows:  (concave),  concave,  concave. 

The  word  concave  within  parentheses  would  signify  a  nose  bridge 
but  slightly  concave,  the  word  concave  without  parentheses  or  underlin- 
ing would  be  interpreted  as  middling  concave,  and  concave  underlined 
as  markedly  concave.  It  is  thus  evident  that  the  outline  of  the  bridge 
of  the  nose  may  be  the  subject  of  seven  appellatives  as  follows :  Convex, 
convex,  (convex),  rectilinear,  (concave),  concave,  concave.  This  form  of 
seriation  may  also  be  applied  to  any  feature  of  the  face.  The  eyes  are 
classified  according  to  the  amount  of  orange-yellow  pigmentation  pre- 
sented by  the  iris,  the  scale  extending  from  the  pale-blue  eyes  of  the 
blonde  races  of  the  Scandinavian  peninsula  to  the  maroon  or  very  dark- 
brown  eyes  of  the  inhabitants  of  the  Dark  Continent.  There  are  seven 
classes  in  all,  each  with  nine  subdivisions,  which  are  indicated  on  a 
chromolithographic  chart.  Certain  data  are  also  noted  in  regard  to 
the  coloration  of  the  complexion,  which  may  be  pigmentary  or  san- 
guineous, or  a  combination  of  both. 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  117 

The  pigmentary  coloration  takes  into  consideration  the  amount  of 
pigment  or  coloring  matter  in  the  skin;  the  sanguineous,  the  amount 
of  blood  circulating  through  the  skin,  which  its  transparency  enables 
us  to  perceive.  Thus,  with  a  florid  Englishman  the  sanguineous  col- 
oration would  be  great,  and  the  pigmentary  coloration  slight;  with  a 
pale,  dark  Italian  the  sanguineous  coloration  would  be  slight,  and  the 
pigmentary  coloration  great.  The  third  part  of  the  Bertillon  system 
consists  in  an  exact  anatomical  localization  of  the  scars,  marks,  and 
deformities  of  the  subject  examined. 

Certain  anatomical  points,  called  guiding  points,  are  employed  to 
determine  their  exact  location.  For  instance,  for  the  chest  the  nipples 
and  the  fork  or  notch  between  the  collar  bones  are  used  as  guiding 
points,  and  for  the  abdomen  the  navel.  The  imaginary  line  called  the 
median  line  is  also  a  means  of  localization.  A  tattoo  mark  of  a  heart 
transfixed  with  a  dagger,  located  upon  the  breast  of  a  subject,  would 
thus  be  described:  Pierced  heart,  3  by  2  centimeters,  at  4  centimeters 
under  right  nipple  and  at  5  centimeters  from  median  line  of  body;  that 
is,  an  imaginary  line  dividing  the  body  antero-posteriorly  into  two 
equal  parts.  As  regards  the  time  required  for  making  these  various 
measurements,  descriptive  analyses,  and  anatomical  localizations,  Ber- 
tillon himself  says  "that  with  two  individuals,  one  measuring,  exam- 
ining, and  dictating,  and  the  other  recording,  the  time  employed  in 
making  one  examination  is  usually  seven  minutes."  Bertillon  has 
devised  an  ingenious  system  of  abbreviations  for  the  registration  of 
the  various  descriptive  data,  marks,  etc.,  which  materially  shortens 
the  time  of  operation. 

The  question  may  now  be  asked  whether  an  individual  of  average 
ability  can  readily  learn  this  method  which  at  first  sight  may  seem  some- 
what complicated  and  abstruse.  If  the  directions  of  Bertillon  are  faith- 
fully carried  out,  the  average  policeman  can,  after  an  hour's  instruction, 
make  all  the  measurements  required ;  in  less  than  a  week's  time  all  the 
knowledge  required  to  put  the  system  in  practical  operation  can  easily 
be  acquired. 

In  Paris  and  several  of  the  large  cities  of  France  the  subject  is  also 
photographed,  profile  and  full  face,  on  cards  a  trifle  smaller  than  the 
ordinary  carte  de  visite  photograph.  These  photographs  have  a  reduc- 
tion of  one-seventh,  and  the  negatives  are  never  retouched.  The  phrase 
reduction  of  one  seventh  may  possibly  not  be  fully  understood  and  some 
further  explanation  may  be  necessary.  In  other  words,  any  length  upon 
a  subject  sitting  in  the  photographic  chair  will  be  reduced  to  one- 
seventh  its  original  length  in  the  ground  glass  plate  of  the  camera.  If 
our  hypothetical  subject  holds  a  rod  28  centimeters  long  at  the  external 
angle  of  his  left  eye,  the  image  of  this  rod  reflected  on  the  ground  glass 
plate  should  be  4  centimeters  in  length. 

The  distance  required  between  the  camera  and  the  subject  in  order  to 
have  this  reduction  will  be  found  by  having  someone  hold  a  rod  similar 


118  FIFTH    INTERNATIONAL   PRISON   CONGRESS. 

to  the  one  just  mentioned,  and  then  increasing  or  lessening  the  distance 
until  the  proper  reduction  is  ascertained.  This  distance  once  found, 
the  supports  of  the  camera  and  the  chair  should  be  permanently  fas- 
tened to  the  floor  of  the  studio. 

The  classification  of  the  results  obtained  will  next  demand  notice. 
Certain  measurements  above  mentioned  have  been  termed  the  five  grand 
classification  measurements,  viz,  length  and  width  of  head,  length  of 
middle  finger,  length  of  foot,  and  length  of  cubit.  Following  out  the 
dominant  idea  of  the  system,  a  head  length  may  be  small,  medium,  or 
great  and  the  other  measurements  may  be  qualified  with  the  same  terms. 

In  the  central  office  atParis  there  are  two  large  cases  filled  with  pigeon- 
holes, one  designed  for  the  alphabetical  classification  of  the  descrip- 
tive cards,  the  other  for  their  anthropoinetric  classification,  duplicate 
cards  being  made  out  for  each  subject  examined.  The  anthropoinetric 
case  is  divided  horizontally  into  three  equal  compartments  for  lengths 
of  head  and  vertically  into  three  other  divisions  for  breadths  of  head, 
and  further  subdivided  for  the  three  classes  of  middle  finger,  foot,  and 
cubit  lengths.  The  anthropoinetric  descriptive  cards  are  filed  in  lidless 
sliding  boxes  upon  the  front  of  which  are  pasted  paper  slips  with  the 
roman  numerals  I  to  V,  inclusive,  printed  upon  them,  these  numerals 
corresponding  to  the  grand  classification  measurements  to  be  found  in 
that  particular  box.  Suppose  now,  for  example,  that  a  criminal  or 
suspect  has  just  been  brought  to  the  central  office  of  the  prefecture 
of  police  and  the  authorities  desire  to  ascertain  if  he  ever  has  been 
measured  and  examined.  If  this  be  the  case,  and  he  gives  his  true 
name,  the  task  is  easy;  a  search  is  at  once  made  in  the  alphabetical  col- 
lection and  his  descriptive  card  immediately  found.  But  the  prisoner 
may  claim  that  he  has  never  before  been  arrested.  His  various  measure- 
ments are  then  taken,  his  descriptive  data  registered,  and  his  scars, 
peculiar  marks,  etc.,  noted  and  recorded. 

Search  is  then  made  in  the  anthropometric  collection.  This  collec- 
tion now  contains  something  over  150,000  descriptive  cards.  We  read 
on  the  card  just  made  out  that  the  subject's  head  length  is  187  milli- 
meters. As  the  medium  class  of  head  lengths  extends  from  185  to  190 
millimeters,  both  numbers  inclusive,  we  at  once  put  him  in  the  medium 
class,  and  thus  eliminate  100,000  cards  from  the  collection. 

We  find  that  his  head  breadth  is  small,  and,  following  out  the  same 
principle,  we  eliminate  two-thirds  of  the  remaining  50,000,  or  about 
33,334,  leaving  still  remaining  16,666.  The  same  method  of  elimina- 
tion is  then  pursued  with  the  length  of  the  middle  finger,  and  we  reduce 
the  number  of  cards  in  the  collection  to  5,555.  Again  eliminating  by 
the  length  of  the  foot,  we  make  a  further  reduction  to  1,850,  which  is 
still  further  reduced  by  the  cubit  to  a  group  of  about  620.  The  height 
reduces  this  last  number  to  about  205  cards  which  is  again  subdivided, 
always  following  out  the  same  plan,  by  the  bizygomatic  diameter,  the 
length  of  the  little  finger,  the  length  of  the  ear,  height  of  trunk,  and 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  119 

stretch  to  a  filial  group  fof  about  a  dozeu  cards,  which  are  arranged 
according  to  the  color  classes  of  the  iris.  After  the  various  measure- 
ments have  disclosed  the  location  of  the  card,  the  descriptive  data  and 
anatomical  localization  of  the  various  scars,  marks,  etc.,  absolutely 
prove,  beyond  the  shadow  of  a  doubt,  that  one  and  the  same  individ- 
ual is  described  in  both  cards. 

In  Bertillon's  work  upon  Authropometric  Identification  full  direc- 
tions may  be  found  in  regard  to  the  manipulation  of  the  anthropo- 
metric  instruments,  and  peculiarly  excellent  plates  render  it  almost 
impossible  for  the  most  stupid  individual  to  misunderstand  the  direc- 
tions. Full  information  will  also  there  be  found  in  regard  to  the 
correct  manner  of  observing  the  various  features,  making  out  the 
descriptive  data,  the  anatomical  registration  of  the  scars,  marks,  etc. 
Various  plates  explain  to  the  reader  his  own  position  and  that  of  the 
subject  during  the  various  measurements.  No  possible  mistake  can  be 
made  by  anyone  carefully  following  out  Bertillon's  directions  in  all 
their  minutiae.  In  this  hurried  resume  only  the  barest  outlines  of  this 
system  have  been  given,  which  seems  to  me  more  and  more  wonderful 
the  more  I  know  of  it. 

When  I  think  of  the  vast  results  of  which  it  is  capable  in  the  pre- 
vention and  repression  of  crime,  I  believe  I  do  not  exaggerate  when  I 
say  that  Quetelet  and  Bertillon  are  two  of  the  greatest  benefactors  of 
the  human  race  which  this  century  has  brought  forth,  and  that  the 
jurists  and  crimiuologists  of  the  twentieth  century  will  be  amazed  when 
they  read  of  the  stupidity  and  ignorance  of  those  nations  that  did  not 
adopt  this  wonderful  system  of  anthropoinetric  identification  as  soon 
as  it  was  made  known  to  them. 


THE  DISCHARGED  CONVICT  IN  EUROPE. 


By  SAMUEL  J.  BARROWS. 


In  a  trip  made  to  Europe  in  1892-93  the  writer  visited  many  European 
prisons,  and  also  gained  some  information  in  regard  to  work  for  dis- 
charged convicts  in  European  countries.  His  presence  as  a  delegate 
to  the  International  Prison  Congress  at  Paris  in  July,  1895,  offered  an 
opportunity  for  special  inquiry  and  for  securing  information  through 
personal  conference  and  official  reports  not  easily  obtained  elsewhere. 

More  than  a  year  before  the  meeting  of  the  Paris  Congress  a  series 
of  questions  was  sent  to  officials  and  delegates  of  different  countries, 
inviting  the  preparation  of  statistics  and  monograph  concerning  the 
administration  of  prisons.  Included  in  these  questions  were  some 
bearing  upon  work  for  discharged  convicts.  One  of  these  questions 
was  what  amount  prisoners  might  save  in  prison  in  preparation  for 
their  discharge;  second,  what  means  should  be  taken  after  discharge 
to  see  that  this  money  was  not  wasted.  A  third  question  related  to  the 
existence  and  activity  of  prisoners'  aid  societies. 

As  usual  in  the  collection  of  such  data,  too  many  countries  failed  to 
respond.  Nevertheless,  the  result  was  the  preparation  of  some  valu- 
able monographs  and  reports  in  different  countries. 

The  limits  of  this  paper  will  permit  nothing  but  the  briefest  summary 
of  principles,  methods,  and  results  which  these  reports  illustrate. 

FRANCE. 

The  monographs  concerning  French  institutions  are  among  the  most 
complete.  Among  the  prisons  chosen  to  illustrate  the  system  are  those 
of  Melun,  Poissy,  and  Berrouaghia  for  men;  the  Maison  Centrale  de 
Kennes  for  women;  the  prisons  celulaire  d' Angers  and  of  Lyons  and  of 
Kouen  for  both  sexes,  and  several  establishments  for  boys  and  girls. 
In  the  French  system  prisoners  are  allowed  a  certain  portion  of  their 
earnings.  This  is  divided  into  two  parts,  one  of  which  they  may  dis- 
pose of  while  in  prison,  the  other  constituting  a  reserve  against  the 
time  of  discharge. 

The  Maison  Centrale  de  Melun  has  a  prison  population  of  605.  The 
average  amount  accruing  to  the  prisoner  on  his  discharge  is,  for  three 

121 


122  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

years  of  detention,  250  francs;  four  years,  350  francs;  five  years,  450 
francs.  A  part  of  their  earnings  may  be  sent  to  their  families  during 
their  imprisonment,  or  may  be  spent  for  fruit,  letters,  and  other  ex- 
penses approved  of  by  the  administration.  A  portion  of  the  reserve 
is  applied  to  the  cost  of  clothing  and  of  sending  the  prisoner  to  his 
home.  The  rest  is  sent  by  postal  order  to  his  place  of  residence.  Only 
those  who  are  pardoned  or  liberated  conditionally  receive  their  money 
at  their  discharge.  Prisoners  may  voluntarily  place  their  reserve  in 
the  hands  of  the  societies  of  patronage,  as  most  of  the  prisoners'  aid 
societies  in  France  are  called,  the  society  acting  as  a  savings  bank. 
Outside  of  this  no  special  measures  are  taken  to  prevent  the  prisoner 
from  wasting  his  earnings.  A  society  of  patronage  at  Melun  assists 
every  year  1,200  tramps — mendicants  and  tramps — but  we  are  told  that 
the  discharged  prisoners  of  the  Centrale  Maisou  rarely  apply  for  its 
benevolent  intervention. 

At  Poissy  the  average  amounts  given  to  discharged  prisoners  from 
their  earnings  are  for  one  year,  81  francs  ($16.20) ;  two  years,  187  francs 
($35.40) ;  three  years,  373  francs  ($74.60) ;  four  years,  407  francs  ($81.40) ; 
five  years,  562  francs  ($112.40).  These  figures  are  so  variable  that  the 
difference  obtained  by  some  workers  in  three  years  is  superior  to  those 
obtained  by  others  in  four  years.  Prisoners'  aid  societies  aid  the  con- 
demned at  their  liberation,  after  having  received  information  in  regard 
to  their  sincerity  and  worthiness  from  the  prison  administration.  They 
seek  work  for  them  and  try  to  establish  them  in  friendly  relations  in 
the  section  of  country  from  which  they  have  come,  or  they  shelter  them 
in  asylums  for  some  days.  At  Poissy,  four  societies  lend  their  aid  to 
discharged  prisoners.  There  is  the  Societe"  generale  pour  le  patronage 
des  liberes  which  was  established  in  1871  whose  seat  is  at  Paris.  Its 
president  is  the  distinguished  senator,  legislator,  and  penologist,  M. 
Berenger.  This  society  holds  special  relations  with  the  director.  The 
conditionally  liberated  who  are  not  immediately  able  to  find  employ- 
ment are  received  provisionally  in  a  special  asylum  where  they  are 
assisted  by  work.  The  reserve  gained  in  prison  remains  in  the  hand 
of  the  society  until  the  proteges  are  properly  placed.  A  second  society 
is  the  Societe"  centrale  de  patronage  des  liberes,  whose  president  is  M. 
Steeg,  inspector- general  of  primary  education.  Its  seat  is  at  Paris  and 
and  at  Versailles.  Every  month  a  delegate  visits  the  prison  and  ques- 
tions the  prisoners  who  are  nearing  their  discharge.  The  special  end 
of  the  society  is  to  reconcile  prisoners  with  their  families  or  to  serve  as 
an  intermediary  between  the  condemned  and  other  persons.  A  third 
society  has  for  its  object  the  aid  of  volunteers  in  the  military  service 
who  may  be  found  in  correctional  establishments  and  who  undergo 
imprisonment  before  their  conscription.  These  young  prisoners  are 
sent  on  liberation  to  the  department  asylum  of  Nanterre.  They  are 
often  transferred  to  the  disciplinary  batallions  of  Africa.  A  fourth 
society  is  the  Socie"te  de  patronage  des  libe"res  repentants,  founded  in 


FIFTH    INTERNATIONAL   PRISON    CONGRESS.  123 

1876  and  engaged  especially  with  prisons  for  short  sentences  in  the 
department  of  Seine  et  Oise. 

While  we  find  the  director  of  the  Maison  Centrale  of  Poissy  recog- 
nizing the  services  of  four  societies  for  discharged  convicts,  the  direc- 
tor of  the  prison  for  women  at  Eennes  complains  that  all  his  efforts 
have  been  in  vain  to  establish  an  aid  society  for  prisoners  in  that 
vicinity,  owing  to  local  causes.  He  recognizes,  however,  the  services  of 
the  sisters  of  the  order  of  Marie- Joseph.  At  Angeres,  where  there  is  a 
cellular  prison  for  both  sexes,  the  work  of  the  aid  society  is  gratefully 
recognized  by  the  director.  It  is  composed  of  magistrates,  landlords, 
and  of  some  rich  manufacturers  in  that  city. 

The  aid  society  of  Lyons  stands  in  close  relation  to  the  administra- 
tion of  the  prison.  An  agent  and  also  a  committee  of  the  society  visit 
the  prison  and  inquire  into  the  condition  of  those  who  ask  aid.  This 
society  extends  its  activities  to  all  the  penitentiary  establishments  in 
the  southeastern  part  of  France. 

In  Eouen  a  society  was  organized  in  1874,  which  is  one  of  the  most 
active  and  vigorous  in  France.  It  comes  into  relation  with  prisoners 
before  they  are  discharged.  Its  resources  consist  of  subsidies  by  the 
State  and  the  city  of  Eouen,  of  fees  remitted  to  it  by  members  of  the 
jury,  and  of  the  earnings  of  prisoners  committed  to  its  care,  amount- 
ing, all  told,  from  4,000  to  7,000  francs  a  year.  There  are  other  insti- 
tutions, such  as  lodging  houses,  which  do  not  confine  themselves 
to  aiding  prisoners,  but  which  have  often  prisoners  among  their  bene- 
ficiaries. One  of  these  lodging  houses  received  in  1893  11,652  individ- 
uals, of  whom  9,991  were  men,  1,281  women,  and  380  children.  Another 
asylum  on  a  private  foundation  has  furnished  nearly  an  equal  amount 
of  assistance.  Still  another  society  provides  the  needy  with  work,  fol- 
lowing a  plan  adopted  generally  in  societies  of  this  kind  in  France,  of 
giving  each  individual  some  occupation  for  half  a  day  which  will  entitle 
him  to  his  daily  bread  and  lodging.  The  other  half  of  the  day  is 
devoted  to  the  seeking  of  some  regular  employment.  In  the  year  1893 
9,756  days'  work  was  furnished  for  1,361  persons,  and  the  amount  dis- 
pensed in  wages  amounted  to  10,208  francs.  The  resources  of  this 
society  in  1893  amounted  to  35,681  francs  and  its  expenses  to  19,185 
francs.  In  connection  with  the  agricultural  colonies  and  institutions 
for  minors  there  are  nearly  always  aid  societies  and  committees. 

The  Socie"te  pour  le  patronage  des  liberes  has  been  mentioned.  The 
report  before  me  made  for  the  general  assembly  in  June  this  year  gives 
an  account  of  its  work  for  the  last  year,  including  the  admirable  address 
of  the  president,  M.  Bereuger.  The  society  was  founded  in  1870. 
"  That  which  impresses  one  most,"  said  the  president,  "  in  looking  back 
over  the  past  twenty-five  years  is  the  progress  of  ideas."  When  it  was 
founded,  but  little  was  known  about  the  patronage  of  prisoners,  and 
that  was  met  with  incredulity  and  mockery.  To  these  early  doubts  a 
confidence  and  an  eagerness  have  succeeded  whose  results. are  seen 


124  FIFTH    INTERNATIONAL   PRISON    CONGRESS. 

every  day.  The  Government  now  gives  important  sums  for  this  work 
and  the  chambers  vote  them  without  difficulty.  For  twenty-five  years 
the  society  has  patiently  done  its  work.  In  its  first  year  it  assisted 
from  80  to  100  discharged  prisoners  and  had  an  income  of  8,000  or 
10,000  francs  and  200  members.  To-day  it  assists  3,400  prisoners  and 
has  an  income  of  113,000  francs  ($22,600)  and  800  subscribers.  In 
1879  a  temporary  asylum  was  created.  In  1881  it  was  decided  to  extend 
assistance  to  women,  and  a  new  asylum  was  established.  A  second 
asylum  was  established  in  1890,  especially  for  those  liberated  con- 
ditionally, and  the  number  of  assisted  rose  to  3,300.  The  total  number 
of  prisoners  received  from  the  beginning  is  exactly  33,028.  The  intro- 
duction of  work  into  these  asylums  in  1891  helped  prisoners  and 
improved  the  finances  of  the  society.  Work  has  since  been  established 
in  the  house  for  women.  The  obligation  to  work  is  regarded  as  a  great 
protection  against  the  idle  and  hypocritical.  A  new  rule  imposes  four 
days  of  work  without  wages  in  return  for  the  shelter. 

The  introduction  of  work  has  reduced  the  expense  from  35  francs 
to  17  francs  25  centimes  for  each  prisoner,  a  reduction  of  50  per  cent. 
The  figures  for  the  last  year  show  that  271  have  been  furnished  with 
aid  to  return  to  their  homes,  17  were  reconciled  with  their  families,  249 
were  enlisted  as  soldiers,  822  were  placed  at  work,  170  were  assisted 
without  the  asylum,  7  left  the  country,  a  total  of  1,536.  Of  the  income 
of  the  society  54,000  francs  is  received  from  the  work  of  inmates,  54,000 
from  different  subsidies,  and  11,000  from  subscribers.  The  association 
own  two  of  its  asylums,  valued  at  126,000  francs,  with  merchandise 
worth  15,000.  This  society  is  one  of  the  finest  examples  of  a  living, 
active  organization. 

Another  important  organization  is  the  society  for  the  aid  of  Protes- 
tant discharged  convicts.  It  was  founded  in  1869  by  the  Eev.  E.  Eobin, 
who  has  written  a  work  on  the  penitentiary  question.  Its  receipts  in 
1894  were  6,590  francs;  its  expenses  5,875  francs.  Since  its  organiza- 
tion in  1869  it  has  aided  3,678  prisoners.  There  is  also  a  Protestant 
society  working  among  women  prisoners,  which  has  a  modest  asylum. 
Its  work  is  not  numerically  large,  but  earnest,  personal,  and  sympathetic. 

One  of  the  most  active  of  the  labor  homes  is  established  at  Melun. 
During  the  year  1894  it  aided  1,246  inmates.  Of  these  but  75  pre- 
sented themselves  a  second  time,  7  a  third  time.  The  majority  stay 
from  one  to  four  days.  This  society  receives  and  expends  about  10,000 
francs. 

An  important  step  was  taken  in  1893  for  the  union  of  all  societies  of 
patronage  in  France.  The  first  congress  of  these  societies  for  that 
object  was  held  in  Paris  in  1893,  and  the  second  congress  in  Lyons  in 
1894.  A  permanent  commission  was  formed  and  a  central  bureau 
established.  The  object  of  this  bureau  is  not  to  interfere  with  the 
special  work  of  each  society,  but  to  furnish  a  center  for  information 
and  mutual  aid.  There  are  now  50  of  these  affiliated  societies  in 


FIFTH    INTERNATIONAL   PRISON   CONGRESS.  125 

France.    The  central  bureau  is  composed  of  25  members  elected  for 
five  years. 

On  this  central  committee  are  the  names  of  distinguished  lawyers, 
professors,  judges,  and  philanthropists.  The  honorary  presidents  are 
the  eminent  senator,  author,  and  member  of  the  French  Academy, 
Jules  Simon,  and  M.  Charles  Petit  of  the  court  of  cassation.  The 
active  president  is  Dr.  Theodore  Koussel,  senator,  member  of  the 
institute,  and  president  of  the  superior  council  of  public  assistance; 
Messrs.  B6renger  and  Albert  Riviere  are  on  the  central  committee. 

The  Socie"t6  gdnerale  des  Prisons  has  for  its  object  the  study  and 
development  of  all  questions  relating  to  penology,  and  has  made  a  dis- 
tinguished name  for  itself  the  world  over  among  penologists.  It  has 
enlisted  the  cooperation  of  some  of  the  most  eminent  of  French  jurists 
and  philanthropists  in  the  discussion  of  practical  and  fundamental 
questions.  Its  publications  take  the  highest  rank.  It  was  my  priv 
ilege  during  the  session  of  the  Prison  Congress  to  attend  on  the  4th  of 
July  the  dinner  given  in  the  Eiffel  Tower  by  this  society  to  the  foreign 
delegates.  The  addresses  on  that  occasion  were  marked  by  an  earnest- 
ness, dignity,  and  sympathy,  which  were  beautiful  indications  of  the 
development  of  the  humane  sentiment  not  only  in  France,  but  through- 
out the  world. 

The  national  organization  of  these  aid  societies  in  France  having 
been  formed  but  two  years  ago,  it  is  too  early  yet  to  seek  practical 
results  from  this  feature.  But  an  interesting  report  by  M.  E.  Cheysson 
shows  just  how  such  a  central  bureau  may  be  useful.  And  it  is  inter- 
esting to  note  that  as  a  result  of  the  interest  awakened  by  the  forma- 
tion of  its  national  organization  fifteen  new  societies  were  organized 
between  May,  1893,  and  June,  1894,  and  some  old  societies  have  been 
revived.  At  the  same  time  the  Soci6te  generale  pour  le  patronage  des 
liberes  has  established  ten  new  sections  in  different  parts  of  France 
under  advice  of  the  central  bureau.  Thus  the  seed  of  a  new  interest 
in  behalf  of  the  prisoners  has  been  sown  everywhere  in  France  and  is 
bearing  excellent  fruit. 

SPAIN. 

When  we  turn  to  Spain,  there  is  a  decided  contrast  to  the  condition 
of  things  in  France.  Institutions  of  patronage  do  not  exist  distinc- 
tively for  prisoners.  They  are  more  a  matter  of  retrospect.  There  is 
evidence  that  some  three  hundred  and  fifty  years  ago  Spanish  nobility 
founded  a  society  which  concerned  itself  in  securing  justice  for  poor 
prisoners,  obtaining  pardon  for  their  misdeeds,  and  giving  them  mate- 
rial aid.  This  society,  founded  in  1537,  existed  until  1649,  one  hundred 
and  twelve  years,  at  Seville.  Other  societies  were  founded  in  the  last 
century  and  early  in  the  present  one.  In  1840  the  Sociedad  Filantropica 
was  formed  for  the  reformation  of  the  prison  system  of  Spain.  It 
worked  with  activity  and  success  until  weakened  and  arrested  by 


126  FIFTH    INTERNATIONAL   PRISON   CONGRESS. 

political  causes.  Among  its  most  distinguished  members  was  Ramon 
Lasagra.  One  of  the  Spanish  reporters  to  the  Prison  Congress  says 
the  patronage  of  prisoners  in  Spain  seems  to  have  completely  fallen 
into  forgetfuluess.  The  prison  system  allows  a  reserve  fund  to  the 
prisoner  from  his  earnings,  but  no  effort  is  made  upon  his  release  to 
supervise  its  expenditure. 

AUSTRIA. 

In  Austria  aid  for  discharged  convicts  has  only  lately  begun  to 
develop.  Conditional  liberation  does  not  exist,  but  the  system  of  allow- 
ing prisoners  a  portion  of  their  earnings  has  been  adopted.  At  the 
penitentiary  at  Marburg  the  amount  of  money  due  to  prisoners  on  dis- 
charge averages  from  5  to  7  florins  ($2.50  to  $3.50)  a  year.  For  the 
aid  of  worthy  prisoners  from  this  penitentiary  there  is  a  society,  formed 
in  1891,  under  the  presidency  of  its  director.  It  has  a  membership 
extending  ov^r  the  Empire,  the  fee  being  50  kreutzers  a  year — less  than 
50  cents.  The  mayor  and  the  cure  of  each  commune  are  counselors  of 
the  society.  The  membership  is  561 .  In  the  three  years  following  its 
organization,  it  procured  work  for  191  prisoners,  reconciled  61  with 
their  parents,  bought  railroad  tickets  for  247,  and  expended  1,600  florins 
($800)  for  clothing  and  gifts.  The  investigation  it  has  made  in  regard 
to  those  it  has  assisted  shows  that  only  3.06  per  cent  have  returned  to 
crime,  while  where  patronage  has  not  been  extended  the  recidivists 
reached  60  per  cent.  There  is  a  fund  for  the  aid  of  discharged  prison- 
ers, under  control  of  the  state,  for  the  penitentiary  at  Marburg,  which 
fund  is  at  the  disposition  of  the  director.  In  the  two  prisons  for 
women,  that  of  Maria-Nostra  and  the  prison  of  St.  Maria  Madelaine, 
the  discharged  receive  a  portion  of  their  earnings,  averaging  about  5 
florins  ($2.50).  Eeligious  orders  assist  them  on  release.  A  legacy  of 
7,900  florins  is  devoted  to  the  aid  of  female  prisoners.  The  report  saya 
that  the  development  of  societies  of  patronage  in  Austria  leaves  much 
to  be  desired. 

HUNGARY. 

In  the  Kingdom  of  Hungary  there  are  20  voluntary  organizations 
whose  funds  are  augmented  when  necessary  by  the  minister  of  justice. 
These  societies  are  administered  by  persons  without  official  relations. 
Where  the  assistance  of  the  society  is  lacking,  the  royal  attorney  (pro- 
cureur)  is  able  to  aid  the  discharged  to  the  amount  of  15  florins  ($7.50) 
per  man.  In  addition  to  this,  the  average  amount  available  to  the  pris- 
oner from  his  earnings  on  discharge  is  about  12  florins  a  year  ($6).  The 
penitentiary  of  Vaez  has  a  special  assistance  fund,  derived  from  the 
labor  of  prisoners.  It  amounts  at  present  to  15,567  florins.  The 
interest  of  the  sum  alone  is  used. 

Three  years  ago  in  Hungary  I  visited  personally  the  home  for  dis- 
charged prisoners  established  in  the  suburbs  of  Budapest,  under  the 
auspices  of  the  Budapest  Verein  filr  Unterstiitzungen  entlassener 


FIFTH    INTERNATIONAL    PRISON   CONGRESS.  127 

Strafgefangenen.  It  was  my  privilege  to  meet  the  founder  of  this 
institution,  Dr.  Francis  Scekely,  a  judge  of  the  supreme  court  of  jus- 
tice, which  is  the  highest  court  in  Hungary.  Dr.  Scekely  has  not  only 
established  this  home,  but  introduced  a  special  industry,  the  making 
of  straw  covers  for  bottles,  and  in  connection  with  a  friend,  invented  a 
machine  for  their  manufacture,  so  that  Hungary  no  longer  needs  to 
import  them,  but  is  even  able  to  export  them.  The  institution  is  partly 
supported  by  the  income  from  fines  imposed  by  the  code.  Thirty  per 
cent  of  this  money  in  Budapest  goes  to  the  institution.  It  amounts  to 
about  8,000  gulden.  The  society  consists  of  600  members.  The  insti- 
tution has  from  36  to  40  men,  and  occasionally  2  or  3  women,  for  whom 
there  is  a  separate  part  of  the  house.  This  seemed  to  me  to  be  one  of 
the  best  labor  homes  I  had  seen,  as  one  may  see  iii  Budapest  one  of 
the  best  jails  in  Europe.  More  satisfactory  than  the  institution  was 
the  pleasure  of  finding  an  eminent  judge  in  Hungary  giving  so  much 
of  his  thought,  time,  and  inspiration  to  aiding  discharged  convicts 
while  acting  as  the  honorary  president  of  the  society  named. 

SWEDEN. 

Aid  societies  exist  in  all  the  principal  departments  of  Sweden,  and 
there  is  a  central  society  at  Stockholm.  The  prison  population  of 
Sweden  is  small,  so  that  the  work  of  the  aid  societies  does  not  make  a 
large  show  in  statistics.  Prisoners  do  not  receive  wages  as  such  for 
work,  but  are  given  a  premium  for  industry  and  good  behavior,  which 
does  not  exceed  9  cents  a  day.  Half  of  this  premium  is  available  dur- 
ing the  stay  in  prison  ;  the  remainder  is  deposited  for  him  in  the  postal 
savings  bank,  and  he  is  not  allowed  to  touch  it  until  after  he  has  been 
a  month  out  of  prison. 

DENMARK. 

The  same  principle  of  allowing  prisoners  to  accumulate  a  reserve 
from  their  earnings  or  money  in  the  shape  of  a  prize  or  gratuity  pre- 
vails in  Denmark.  There  are  a  number  of  aid  societies,  which  have  at 
Copenhagen  a  central  organization,  with  an  office  and  a  paid  agent. 
The  inspector  of  the  prison  or  the  chaplain  is  usually  the  president  of 
the  local  societies,  and  two  or  three  other  officers  of  the  prison  are 
members  or  directors.  Assistance  is  given  in  the  form  of  clothes,  tools, 
railroad  tickets,  or  orders  for  food.  The  society  has  been  in  existence 
for  thirty-five  years.  Its  revenues  are  mainly  from  private  contribu- 
tions, but  the  State  treasury  also  gives  aid.  As  little  assistance  as 
possible  is  given  in  money. 

SWITZERLAND. 

Switzerland  is  a  country  of  less  than  16,000  English  square  miles. 
It  is  little  more  than  twice  as  large  as  Massachusetts  and  less  than 
half  the  size  of  the  State  of  Ohio.  Yet  Switzerland  has  fourteen  socie- 
ties for  discharged  convicts.  The  central  committee  of  each  society 


128  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

has  its  office  in  the  chief  city  of  each  Canton.  It  is  interesting  to  note 
that  in  the  Canton  of  Soleure  a  police  department  fulfills  the  work  of  a 
society  of  patronage  and  that  at  Bal-campagne  and  also  at  Tessin  the 
director  of  the  penitentiary  fulfills  the  discharge  of  this  duty.  The 
Swiss  societies  are  each  administered  by  a  central  committee  chosen  by 
the  general  assembly.  In  addition  to  this,  several  societies  have  a  com- 
mittee of  women  who  care  for  women  prisoners.  Indeed,  the  members 
of  the  societies  comprising  a  district  or  part  of  a  Canton  can  constitute 
themselves  a  section,  having  a  president  at  their  head.  Zurich  is  a 
Canton  of  687  square  miles,  with  a  population  of  284,000  inhabitants. 
It  has  a  society  with  eleven  such  committees.  One  can  thus  see  how 
fruitful  in  results  may  be  the  work  of  a  society  so  thoroughly  organ- 
ized and  whose  committees  and  patrons  work  within  a  limited  terri- 
tory. Nowhere  in  the  world,  I  suspect,  is  so  much  done  toward  bringing 
helpful  patrons  into  direct  personal  relation  with  liberated  prisoners  as 
in  Switzerland.  The  idea  is  that  no  prisoner  shall  really  lack  a  patron. 
These  district  committees  are  composed  of  charitable  men  and  women, 
well  known  in  the  place  where  they  live  for  their  devotion  to  those 
that  suffer.  They  carry  the  spirit  of  philanthropy  into  the  smallest 
borough. 

Some  societies,  notably  of  the  Neuchatel,  replace  these  district  com- 
mittees by  corresponding  members  who  have  the  same  duties.  In  an 
eloquent  discourse,  pronounced  by  Mr.  Edouard  Blache,  on  the  patron- 
age of  discharged  prisoners  in  Switzerland,  which  was  delivered  before 
a  distinguished  audience  of  judges,  civil  and  military  authorities  in 
France,  he  called  attention  to  the  large  number  of  societies  which  have 
at  their  head  the  director  or  the  chaplain  of  a  penitentiary,  or  some 
prison  official,  or  a  minister  of  some  denomination.  Such  cooperation 
could  not  be  found  in  every  country,  owing  to  political  or  religious 
divisions,  but  in  Switzerland,  an  essentially  democratic  country  until 
lately  profoundly  troubled  by  religious  discussions,  it  is  recognized  by 
all  that  the  patronage  of  prisoners  is  a  neutral  territory  where  men  of 
all  parties  and  of  all  social  classes  may  be  found.  "Among  us,"  said 
M.  Lardy,  "in  that  which  relates  to  patronage,  there  are  no  more  divi- 
sions of  churches,  parties,  or  social  conditions;  all  are  in  agreement,  and 
that  has  been  the  case  for  the  last  twenty- three  years."  "  This  union," 
says  M.  Blache,  "of  all  the  vital  forces  of  the  nation  joined  for  the 
same  effort  is  the  main  cause  of  the  success  of  the  Swiss  societies  of 
patronage."  The  number  of  members  in  these  societies  has  been  grow- 
ing from  year  to  year.  That  of  Neuchatel,  which  began  with  219  mem- 
bers, now  numbers  1,800.  To  secure  popular  interest  and  support,  the 
membership  fee  is  placed  very  low. 

The  main  work  in  each  society  falls  upon  the  central  committee, 
especially  the  delicate  task  of  choosing  among  those  prisoners  who 
appear  to  be  worthy  of  patronage  and  of  designating  a  patron  for 
them.  The  extension  of  aid  is  made,  not  through  money,  but  through 


FIFTH   INTERNATIONAL   PRISON   CONGRESS.  129 

work  and  personal  sympathy,  counsel  and  interest.  This  personal  rela- 
tion with  the  prisoner  begins  before  he  has  left  the  prison.  The  society 
does  not  wait  until  some  homeless  or  discouraged  prisoner  knocks  at 
the  door  of  its  office.  It  goes  to  him  as  the  father  went  to  meet  the 
prodigal  son,  while  he  is  yet  a  great  way  off.  Systematic  visits  are 
made  to  the  prison.  Every  prisoner  knows  that  he  may  apply  for  aid 
if  he  needs  it  and  merits  it.  The  director  of  the  prison  who,  as  already 
said,  is  a  member  of  the  committee,  furnishes  his  colleagues  with  what 
they  need  to  know  concerning  the  character,  the  improvement,  and  sin- 
cerity of  the  prisoner.  They  learn  his  age,  origin,  profession;  they 
know  when  he  is  coming  out  and  what  measures  need  to  be  taken  in 
regard  to  him.  Reports  are  carefully  and  formally  made  concerning  the 
health  of  the  prisoner,  his  special  aptitude  for  work,  his  education,  his 
weakness,  the  condition  of  his  family,  and  the  sum  of  money  which  he 
has  earned.  Instead  of  remitting  the  money  to  the  prisoner,  which  in 
other  countries  has  often  proved  a  great  temptation  to  waste  and 
debauchery,  the  reserve  due  him  is  deposited  in  the  savings  bank  and 
the  book  is  generally  given  by  the  central  committee  to  the  patron  who 
is  chosen  to  be  a  friend,  guide,  and  counselor  to  him.  This  direct  indi- 
vidual and  personal  relationship  which  is  established  between  the  patron 
and  his  protege'  is  one  of  the  most  vital  features  of  the  Swiss  system. 
No  prisoner  thus  conies  out  friendless. 

To  this  friend  is  committed  the  work  of  directing  the  prisoner  in  the 
right  way,  of  continuing  his  moral  education,  and  of  following  him 
until  he  is  restored  and  rehabilitated.  Personality  thus  has  an  immense 
place  in  the  Swiss  system.  "Everything  depends  upon  the  choice  of  a 
patron,"  said  the  eminent  president  of  the  society  at  Neuctiatel..  "  If 
prisoners  have  the  fortune  to  find  a  good  patron  they  nearly  always 
reform."  It  is  not  always  easy  to  find  a  man  devoted  and  charitable 
and  ready  to  sacrifice  himself  to  this  task.  "  Yet,"  says  M.  Blache, 
"we  are  able  to  cite  examples  of  patrons  in  Switzerland  who  have 
guided  with  success  a  dozen  and  even  fourteen  discharged  prisoners. 
The  duties  of  the  patron,  his  sphere  and  mode  of  action  are  described; 
his  first  mission  is  to  seek  for  his  protege  some  place  where  at  the 
moment  of  his  liberation  he  may  be  able  to  gain  an  honest  living.  He 
must  see  that  his  protege  has  a  place,  if  possible,  with  a  new  environ- 
ment, removed  from  the  baleful  influence  to  which  he  was  exposed 
before.  In  France  and  elsewhere  complaint  has  been  made  of  that 
public  hostility  which  often  paralyzes  the  efforts  of  those  who  seek  to 
find  work  for  prisoners.  "  There  is  no  lack,"  says  M.  Blache,  "of  sym- 
pathy for  the  prisoner  who  groans  upon  the  damp  straw  of  his  dungeon, 
but  when  the  condemned  has  paid  his  debt  to  society  he  often  meets 
with  nothing  but  disdain  and  contempt."  The  Swiss  societies  would 
long  since  have  been  wrecked  had  they  not  succeeded  in  diffusing 
among  the  masses  more  just  ideas  in  regard  to  liberated  prisoners  and 
made  the  people  understand  that  it  is  for  their  interest  to  associate 
S.  Doc.  181 9 


130  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

in  this  work.  It  can  not  be  said  that  this  hostility  to  discharged  pris- 
oners has  totally  disappeared  in  Switzerland,  but  it  may  be  affirmed 
that  the  popularity  of  the  societies  in  Switzerland,  the  confidence  they 
have  inspired,  and  the  results  they  have  obtained,  render  the  task  of 
their  central  committees  or  of  the  patrons  much  easier.  If  circum- 
stances permit,  the  patron  seeks  at  the  very  outset  to  reconcile  the 
prisoner  to  his  family  and  immediate  friends.  This  is  usually  followed 
with  the  best  result. 

The  Geneva  society  has  established  an  asylum  where  prisoners  are 
received  on  the  day  of  their  liberation  for  whom  it  has  not  been  possi- 
ble to  find  permanent  employment.  Provisional  work  is  found  for 
them  through  two  societies  for  furnishing  temporary  employment.  The 
society  at  Neuchatel  has  no  asylum,  and  proceeds  in  a  different  man- 
ner to  place  its  proteges.  It  establishes  a  list  of  corresponding  mem- 
bers, and  through  a  special  employee  paid  for  this  work  a  list  of 
persons  in  the  canton  who  are  disposed  to  give  occupation  to  dis- 
charged convicts.  This  list  contains  all  particulars  in  regard  to  the 
number  of  workmen,  the  number  of  apprentices,  and  the  conditions 
imposed  in  each  establishment.  Contractors  and  employers  willingly 
admit  discharged  prisoners  in  their  establishments,  for  they  are  assured 
by  a  double  guaranty;  first,  the  surveillance  of  the  patron,  who  is 
kindly  if  the  prisoner  behaves  well,  but  in  the  case  of  disobedience  or 
misconduct  may  impose  a  penalty 5  secondly,  the  engagement  by  the 
society  to  cover  the  cost  of  depredations  of  which  it  might  be  a  victim 
through  the  employment  of  prisoners.  But  in  twenty-three  years  the 
society  has  not  had  to  expend  a  cent  on  this  account.  The  develop- 
ment of  patronage  in  workshops  is  dependent  to  some  extent  upon 
the  reception  which  honest  workmen  accord  to  discharged  prisoners. 
It  is  possible  for  them  to  make  his  life  miserable  by  reproaches,  but 
the  law  department  of  Neuchatel,  in  its  desire  to  extend  a  support  to 
the  prisoners'  aid  societies,  has  decided  that  whoever  malevolently  and 
without  sufficient  excuse  publicly  reproaches  a  prisoner  in  regard  to 
the  act  he  has  committed  or  the  sentence  he  has  incurred,  shall  be 
punished  by  imprisonment  of  a  month  or  a  fine  of  100  francs. 

The  society  avoids  as  much  as  possible  giving  indiscriminate  aid; 
but  it  is  often  necessary  to  provide  a  prisoner  with  clothes,  overalls, 
or  tools,  before  he  can  get  work.  At  Xeuchatel  the  care  of  making  the 
necessary  purchases  is  devolved  upon  the  patron. 

When  a  patron  has  found  a  place  for  a  discharged  prisoner,  his  work 
is  far  from  finished.  In  the  Canton  of  Neuchatel  patronage  involves 
two  distinct  elements.  The  patron  gives  his  protection  and  aid  to  the 
prisoner  intrusted  to  Mm.  He  stimulates  his  zeal  by  giving  him  from 
time  to  time  a  part  or  the  whole  of  his  accumulations  in  prison.  On 
the  other  hand,  the  prisoner  is  submitted  to  a  surveillance  which  is 
very  different  from  the  surveillance  of  the  police.  Its  duration  is 
decided  by  the  central  committee  upon  the  report  of  the  patron.  The 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  131 

patron  presents  each  year  a  circumstantial  report  upon  the  result  of 
his  activity.  Formerly,  the  only  penalty  which  a  discharged  prisoner 
incurred  for  insubordination  or  misconduct  was  the  withdrawal  of  aid; 
but  since  1892  the  council  of  the  Canton  of  Neuchatel,  by  an  amend- 
ment to  the  penal  code,  enables  the  committee  of  the  society  to  com- 
plain of  an  insubordinate  prisoner  before  the  proper  authorities  and  to 
inflict  a  punishment  whose  maximum  is  fixed  at  three  days'  imprison- 
ment. This  power  is  used  with  great  discretion,  so  as  not  to  alienate 
the  objects  of  aid.  This  surveillance  is  not  only  extended  to  those  who 
have  voluntarily  placed  themselves  under  the  patronage  of  the  society, 
but  the  penal  law  now  intrusts  to  the  society  the  surveillance  for  a 
period  of  five  years  or  more  of  every  prisoner  less  than  18  years  of  age. 
He  is  obliged  to  conform  to  the  injunctions  of  his  patron  and  of  the 
committee,  under  a  penalty  of  being  seni  again  to  prison  for  a  period 
not  exceeding  six  months.  The  society  also  cares  for  minors  who  have 
been  acquitted  as  irresponsible,  but  who  need  to  be  placed  in  some 
house  of  correction  or  discipline. 

It  is  thus  seen  that  the  society  acts  in  close  relationship  with  the 
State,  although  its  activities  depend  almost  wholly  upon  private  interest 
and  devotion.  The  State  not  only  gives  moral  support,  but  aids  by 
subsidy. 

The  practical  result  of  this  system  is  seen  in  the  reduction  of  the 
number  both  of  prisoners  and  of  recidivists.  In  the  Canton  of  Neu- 
chatel  there  has  been  a  reduction  of  50  per  cent  in  the  number  of 
prisoners.  The  recidivists,  which  in  1870  were  in  a  proportion  of  75 
per  cent,  were  in  1892  only  4  per  cent.  In  the  Cantons  of  Switzerland 
which  are  deprived  of  these  aid  societies,  recidivism  still  works  its 
ravages.  In  1890,  of  225  prisoners  assisted  by  the  Neuchatel  society, 
only  6  have  fallen.  In  1891,  of  264  discharged  prisoners  aided,  10  have 
been  reconvicted.  In  1892,  of  360  aided,  15  have  fallen.  In  the  society 
of  the  Canton  of  Geneva,  of  496  condemned  men  whom  it  has  aided, 
but  17  had  received  new  condemnations.  M.  Blache  believes  that  a 
part  of  these  results  must  be  credited  to  the  excellent  penitentiary 
system  of  Switzerland.  It  is  a  system  of  at  first  solitary  cellular  con- 
finement, then  progressive  life  in  common,  and  afterwards  conditional 
liberation. 

Since  1888  there  has  been  a  union  of  the  different  societies  in  Switzer- 
land, with  a  central  organization,  without  sacrificing  the  individual 
character  or  autonomy  of  each  society.  This  union  has  been  fruitful  in 
practical  results. 

No  man  in  Switzerland  has  done  more  for  the  development  of  the 
penal  system  of  that  country  than  Dr.  Guillauine,  director  of  the  fed- 
eral office  of  statistics  and  general  secretary  of  the  Commission  of  the 
International  Prison  Congress,  and  to  him  I  am  indebted  for  many  facts 
and  reports  in  relation  to  aid  for  discharged  prisoners. 


132  FIFTH    INTERNATIONAL   PRISON   CONGRESS. 

ENGLAND. 

Iii  England,  according  to  the  report  of  the  prison  commissioners, 
there  are  some  ninety  prisoners'  aid  societies.  In  preparation  for  the 
Paris  Congress,  Mr.  E.  Ruggles-Brise,  commissioner  of  prisons  and  the 
official  delegate  to  the  Paris  Prison  Congress,  sent  a  s.eries  of  special 
inquiries  to  every  aid  society  in  connection  with  the  prisons,  asking  for 
definite  information.  Through  the  personal  kindness  of  Mr.  Ruggles- 
Brise,  I  had  the  opportunity  at  the  home  office  of  looking  over  the  large 
amount  of  information  thus  acquired.  The  paper  by  Mr.  E.  Haggles- 
Brise,  written  as  a  result  of  this  examination,  was  a  valuable  contribu- 
tion to  the  preliminary  reports  of  the  Congress. 

Among  the  answers  received  from  these  societies,  that  of  the  governor 
of  Stafford  prison  furnishes  one  of  the  best  examples  of  the  English 
method.  Two  societies  are  connected  with  this  prison,  the  North  Staf- 
fordshire and  the  South  Staffordshire  aid  societies.  In  addition,  the 
Litchfield  Labor  Home,  the  County  Police  Mission,  and  some  various 
female  rescue  and  preventive  homes  cooperate  with  the  societies  men- 
tioned. The  names  of  all  prisoners  selected  for  inquiry  are  every  week 
submitted  to  the  governor,  who  is  a  member  of  the  executive  committee 
of  both  societies.  The  governor,  at  his  discretion,  reduces  or  adds  to 
the  list.  The  societies  take  charge  of  and  expend  through  paid  agents 
all  prisoners  mark  money.  The  chaplain  is  secretary  to  the  two  socie- 
ties. In  conjunction  with  the  governor  he  selects  places  for  the  agents 
to  see  and  inquire  into.  The  agents  are  under  his  authority,  and  he  is 
responsible  to  his  executive  committee,  to  whom  he  submits  a  monthly 
balance  sheet,  giving  full  details  of  all  the  work  done  in  every  way. 
Under  the  English  system  the  law  provides  for  a  visiting  committee 
for  each  prison,  which  is  made  up  mainly  of  magistrates.  Its  members 
are  nearly  all  subscribers  to  these  societies  and  several  belong  to  the 
executive  committees.  The  agents  are  paid  a  fixed  salary  and  expenses. 
Especial  attention  is  paid  to  female  prisoners.  Ladies'  committees 
exist  in  almost  any  town  in  the  county.  The  fundamental  rule  is  "No 
money  aid."  Clothes,  tools,  food,  etc.,  are  purchased  and  lodgings  pro- 
vided while  work  is  being  found.  The  prisoners'  gratuities  are  paid 
by  the  societies. 

The  society  does  not  profess  to  deal  with  habitual  criminals  beyond 
taking  charge  of  their  mark  money  and  doing  their  best  to  find  work 
for  them.  The  societies  do  their  utmost  for  first  offenders  and  for  pris 
oners  with  one  or  two  convictions.  There  is  a  labor  home  for  female 
prisoners.  The  chaplain,  though  favoring  a  home  for  female  prisoners, 
does  not  regard  a  labor  home  for  men  as  a  form  of  aiding  discharged 
convicts  that  it  would  be  well  to  resort  to  frequently.  Four  thousand 
one  hundred  and  eighty-nine  prisoners  were  discharged  from  Stafford 
in  1893.  Twenty  per  cent  of  this  number  came  before  the  agents  of  the 
two  societies.  Pecuniary  assistance,  not  cash,  was  given  to  400;  work 


FIFTH    INTERNATIONAL    PRISON    CONGRESS.  133 

was  found  for  223.     Less  than  10  per  cent  of  the  men  and  women  dealt 
with  by  the  two  societies  have  been  recommitted  to  prison. 

The  various  prisoners'  aid  societies  of  England,  of  which  67  are  re- 
ported— and  there  are  about  90  in  Great  Britain — illustrate  one  impor- 
tant advantage  secured  by  their  multiplication  and  cooperation.  They 
become  centers  for  the  education  of  public  opinion  concerning  all  ques- 
tions of  prison  reform.  The  English  societies  bring  to  bear  upon  Par- 
liament and  upon  the  Government  the  force  of  their  influence  to  secure 
better  methods  and  better  legislation.  Thus,  in  1893,  a  congress  of  the 
various  prisoners'  aid  societies  in  England  was  convened  in  London,  to 
which  50  societies  sent  deputies.  At  this  conference  resolutions  were 
passed  recommending  amended  legislation  for  habitual  drunkards,  rais- 
ing the  question  of  gratuity  to  ticket-of-leave  men,  and  urging  the  non- 
imprisonment  of  children.  The  committee  of  the  North  Staffordshire 
society  say: 

Your  committee  have  for  some  years  lamented  the  isolated  conditions  under  which 
the  various  societies  have  hitherto  been  content  to  work.  Apart  from  the  intrinsic 
value  of  the  four  reforms  above  specified,  we  attach  paramount  importance  to  that 
fast-growing  spirit  of  cooperation,  combination,  and  free  interchange  of  experience 
by  which  they  have  been  brought  within  the  range  of  practical  possibilities. 

In  the  valuable  report  of  Mr.  E.  Ruggles-Brise  already  referred  to, 
the  essential  elements  of  the  treatment  of  discharged  convicts  are 
described  and  the  work  that  is  done  by  the  aid  societies,  the  temporary 
homes,  and  the  Salvation  Army  is  warmly  recognized.  In  England  the 
prisoner  does  not  receive  a  portion  of  his  earnings  as  such,  but  receives 
certain  gratuities.  On  his  discharge  from  a  local  prison — that  is  to  say, 
a  prison  in  which  the  sentences  are  of  short  duration,  from  one  day  to 
two  years — he  may  receive  not  more  than  10  shillings.  On  leaving  a 
convict  prison  where  the  sentences  vary  from  three  years  to  life  the 
highest  amount  available  to  him  is  £6.  Above  a  certain  minimum  sum, 
the  aid  societies  take  charge  of  the  gratuities  for  the  prisoner.  The 
Government  also  gives  certain  sums  to  these  societies.  The  amount 
given  has  generally  been  based  on  the  requirement  that  private  dona- 
tions should  reach  an  equal  amount,  or  that  the  subsidy  given  by  the 
Government  should  be  limited  by  the  amount  received  from  other 
sources.  "The  principal  difficulty,"  says  Mr.  Euggles-Brise,  ''which 
retards  the  work  of  the  reformer  is  the  shortness  of  sentences.  More 
than  half  of  the  sentences  are  for  less  than  fifteen  days.  Thirty-eight 
per  cent  are  condemned  to  a  week  or  less.  Thirteen  per  cent  only 
remain  prisoners  long  enough  to  obtain  a  gratuity  on  their  discharge. 
Thus,  in  the  case  of  the  great  majority  of  prisoners  they  have  very  little 
if  any  occasion  to  exercise  their  beneficent  influence.  In  spite  of  this  the 
prisoners'  aid  societies  are  in  communication  with  nearly  all  the  prisons 
throughout  the  United  Kingdom  and  are  doing  an  immense  amount  of 
good.  The  energy,  zeal,  and  devotion  excited  by  that  special  form  of 
charity  from  one  end  of  the  Kingdom  to  the  other  are  truly  admirable." 


134  FIFTH    INTERNATIONAL    PRISON    CONGRESS. 

Agents  are  employed  to-day  in  most  all  prisons ;  in  some,  two  agents 
are  employed,  one  for  the  male  and  one  for  the  female  prisoners. 

No  question  in  England,  we  are  told,  has  given  rise  to  so  much 
diversity  of  opinion  as  that  relating  to  the  establishment  of  temporary 
homes  for  men.  In  general,  in  England,  public  opinion  is  against  the 
adoption  of  such  a  system.  On  the  Continent  it  is  more  favorable  to 
these  establishments.  Mr.  Ruggles-Brise  doubts  if  the  opinion  common 
in  England  is  correct.  But  little  has  been  done  in  this  direction  in 
England  during  the  last  twenty  years.  Canon  Jacobs,  of  Portsmouth, 
believes  strongly  in  labor  homes,  and  says,  "Our  missionaries  rarely 
fail  to  find  work  for  those  who  have  passed  through  the  labor  home  and 
are  benefited  by  it."  Mr.  Ruggles-Brise  is  of  the  opinion  that  every 
prison  ought  to  have  a  labor  home  in  connection  with  it.  Some  prisons 
take  advantage  of  the  homes  or  shelters  established  by  the  Salvation 
Army,  which  do  a  great  amount  of  good.  As  for  refuges  for  women, 
public  opinion  is  practically  unanimous  in  their  favor.  Semi-official 
refuges  for  women  have  obtained  excellent  results.  They  are  applied  to 
long-sentence  convicts,  not  to  local  prisons.  Generally  speaking,  they 
depend  upon  conditional  liberation  after  the  expiration  of  a  third  of  the 
sentence,  with  power  to  recommit  the  prisoner  in  case  of  misconduct. 

In  England  the  curious  are  strictly  excluded,  but  every  facility  is 
offered  to  persons  properly  accredited  and  recognized  whose  object  is 
the  well-being  of  a  prisoner. 

OTHER   COUNTRIES. 

Prisoners'  aid  societies  also  exist  in  Germany,  Belgium,  Holland, 
Italy,  and  Russia.  The  Duchy  of  Baden  alone  has  59  district  commit- 
tees, grouped  under  the  direction  of  a  central  committee.  The  custom 
of  giving  prisoners  gratuities  or  a  portion  of  their  earnings  as  a  reserve 
fund  against  discharge,  prevails  in  nearly  all  European  countries,  and 
it  even  extends  to  Japan,  where  conditional  liberation  has  also  been 
introduced. 

ACTION   OF   THE   FIFTH   INTERNATIONAL   CONGRESS. 

So  far  as  the  discharged  prisoner  is  concerned,  discussion  at  the  Fifth 
International  Prison  Congress  centered  in  the  question,  What  means 
should  be  taken  to  prevent  discharged  prisoners  from  wasting  their 
accumulation  on  leaving  prison,  and  thus  falling  again  into  crime?  The 
action  on  this  subject  is  given  in  the  report  of  the  third  section. 

CONCLUSIONS. 

From  this  wide  survey  of  European  methods,  what  conclusions  may 
be  drawn  in  regard  to  our  own  country? 

(1)  The  weight  of  evidence  shows  that  in  the  countries  and  districts 
where  aid  for  discharged  prisoners  is  most  actively  and  efficiently 
organized  there  has  been  a  marked  decrease  in  the  percentage  of 
recommitments  to  prison. 


FIFTH    INTERNATIONAL    PRISON   CONGRESS.  135 

(2)  Where  aid  for  prisoners  is  most  sufficiently  organized,  we  find  also 
an  improved  prison  system  and  a  due  attention  to  preventive  agencies. 
One  can  not  take  hold  of  one  end  of  this  prison  problem  earnestly  with- 
out being  obliged  to  take  hold  of  the  other.     It  was  the  Prisoners'  Aid 
Society  at  Baltimore  that  discovered  that  a  children's  aid  society  was 
needed.    As  we  have  seen,  the  prisoners'  aid  societies  in  England  are 
earnestly  advocating  preventive  measures. 

(3)  In  England,  France,  Switzerland,  and  in  some  other  countries, 
prisoners'  aid  societies  are  vastly  more  numerous  and  active  than  iii 
the  United  States.    For  the  most  part  they  are  officially  recognized  and 
aided  by  Government  funds,  and  their  work  is  carried  on  in  cooperation 
with  prison  officials.    The  question  rises  whether  we  should  not  have 
prison  associations  in  every  State  of  the  Union,  with  committees  or 
district  societies  in  every  county  or  wherever  there  is  a  prison. 

The  opposition  of  many  wardens  in  this  country  to  such  societies  may 
be  attributed  to  the  unbusinesslike  and  unpractical  manner  in  which 
such  organizations  have  worked,  though  as  a  matter  of  fact  there  are 
so  few  societies  in  active  existence  in  this  country  that  few  wardens 
have  had  much  experience  with  them.  If  societies  in  this  country  like 
those  in  Switzerland  and  in  England  were  brought  into  close  relation 
with  the  wardens  and  claplains  of  prisons,  they  would  gain  by  the  prac- 
tical wisdom  and  experience  which  prison  officials  have  acquired. 

(4)  We  can  not  separate  the  proper  treatment  of  discharged  convicts 
from  the  large  question  of  prison  administration.     When  a  man  returns 
to  prison  a  second  or  third  time  it  may  be  because  when  he  went  out  he 
was  not  properly  educated  to  go  back  into  society,  or  it  may  be  because 
society  was  not  properly  educated  to  receive  him.    Those  who  have  to 
deal  with  discharged  convicts  know  the  difference  in  dealing  with  a 
prisoner  who  has  come  from  a  house  of  correction  and  one  who  comes 
from  Reformatory.     If  one  has  learned  a  trade,  or  has  had  the  manual 
education  which  lies  at  the  basis  of  all  trades,  it  is  not  so  difficult  to 
place  him.     But  if  one  comes  out  of  prison  without  education,  it  is 
hard  to  tell  which  is  more  helpless,  the  prisoner  who  asks  for  aid  or  the 
man  who  would  like  to  aid  him. 

On  the  other  hand,  let  us  not  make  the  mistake  of  assuming  that  the 
best  prison  system  and  the  best  prison  officers  can  wholly  decide  the 
fate  of  the  discharged  convict  if  society  is  hostile  and  apathetic  toward 
him.  The  work  that  is  done  within  prison  must  be  supplemented  by 
sympathetic  and  helpful  work  when  the  prisoner  comes  out. 

(5)  In  regard  to  the  establishment  of  labor  homes,  the  writer,  while 
admitting  their  practical  usefulness  in  certain  places  and  under  wise 
management,  believes  that  when  the  indeterminate  sentence,  or  some 
wise  form  of  conditional  liberation  is  universally  adopted,  there  will  be 
little  if  any  need  of  such  labor  homes  for  discharged  prisoners.    The 
prison  can  shelter  them  until  they  are  reasonably  assured  of  work 
outside. 


136 


FIFTH    INTERNATIONAL    PRISON    CONGRESS. 


(6)  Of  all  the  systems  and  methods  examined,  none  seems  so  wise,  so 
fruitful,  and  so  promising  as  the  Swiss  system,  in  which  every  prisoner 
not  a  confirmed  recidivist  may  have  a  patron  who  shall  be  to  him  a 
guardian  and  friend.  Nothing  can  take  the  place  of  that  form  of 
practical  Christianity  which  the  Apostle  Peter  illustrated  Avheii  he 
said  "Silver  and  gold  have  I  none,"  but  gave  his  right  hand  to  the 
man  at  the  gate.  It  is  not  money,  but  the  right  hand  extended  through 
the  probation  system  which  many  a  convict  needs  when  he  stands  in 
the  court  of  justice,  it  is  the  right  hand  of  education  and  discipline 
which  he  needs  in  prison;  and  it  is  the  right  hand  of  friendship,  sym- 
pathy, and  fraternity  which  he  needs  when  he  passes  once  more  from 
prison  into  the  great,  wide  world. 


INDEX. 


Acknowledgments 74, 93 

Address  of  welcome  by  M.  Leygues 15 

American  prison  systems,  by  Gen.  R.  Brinkerhoff 45 

Amsterdam  prison - 

Alkmar  reformatory 103 

Anthropometric  measurements 107, 1 13 

Arnheim  prison 103 

Ashford  reformatory _. 

Austria,  Discharged  convicts  in 126 

Barrows,  S.  J. ,  Probation  system  in  Massachusetts -  _ .  34 

Basel 97 

Belfast  union  workhouse . 

Belgian  prisons 104 

Bertillon  system 75, 95, 107 

Brauweiler  workhouse 101 

Brinkerhoff,  Gen.R.: 

American  prison  systems. ..... 45 

Reforms  by. 72 

British  and  continental  prisons 79 

British  and  continental  prisons 79 

Bruschal  prison •_  - . 99 

Bruschal  district  prison 99 

Brussels  prison 105 

Centralized  administration 75 

Children  and  minors i 57 

Classification  of  crime . .  28 

Classification  of  prisoners 42 

Cologne 101 

Compensation  for  prisoners 40 

Conditional  liberation -  - 30 

Conciergerie 95 

Conclusion  as  to  European  prisons  _ 106. 

Conclusions  on  discharged  convicts 134 

Congress,  composition  of 20 

Scope  and  method 21 

Opening  of 15 

Organization 19 

Close  of 66 

Criminal  insane 43 

Denmark,  Discharged  convicts  in .  _  _ 127 

Dependent  children 101 

Discharged  convicts: 

Supervision  of 50 

in  Europe ...  120 

Duflos,  M. ,  Opening  address  of 19 

Dusseldorf 102 

Dutch  prisons 102 

.English  prisons 84 

England,  Discharged  convicts  in 132 

Fallen  women . . 102 

Federal  prisons 76 

France,  Discharged  convicts  in ...   120 

French  prisons 94 

Freiburg . .  97 

German  prisons 97 

Ghent  prison 106 

Gloucester  jail 87 

137 


138  INDEX. 

Page. 

Grades  of  prisons 81 

Gratuities  for  prisoners 7ft 

Guardianship  by  the  State .. ..  58 

Guillaume,  Dr.,  Tribute  to  E.  C.  Wines ...  71 

Hague,  The 104 

Hardwicke  reformatory 87 

Hungary,  Discharged  convicts  in 12ft 

Identification  of  criminals 38, 107 

Indemnity  of  the  victims  of  crime 27 

Indeterminate  sentence. 75 

Industrial  school  for  boys. 8ft 

Intemperance _  55 

International  Prison  Commission: 

Need  of  a  United  States  commissioner 5 

Official  invitation  to  United  States 7 

Preliminary  work 14 

International  cooperation  against  crime 25 

International  patronage 6ft 

Irish  prisons 82- 

Irresponsible  delinquents 53 

Juvenile  reformatories 82, 83, 8ft 

Kingswood  reformatory  school 87 

King's  Norton  Union 88 

Lafayette,  A  tribute  to 73 

Legal  age  of  minority 57 

Lenzbourg 98 

Letter  of  transmittal  of  Secretary  of  State 3 

Letter  of  transmittal  to  Secretary  of  State 13 

Lewis,  Charlton  T.: 

Address  of 31 

Tribute  to  Lafayette 

Leygues,  M. ,  Address  of  welcome 15 

Le  Roquette 94 

Louvain  prison .-... 105 

Mannheim  district  prison  _ 100 

Mannheim  jail... 100 

Melun 94 

Montessan 95 

McClaughry,  R.W.,  The  Reformatory  System 47 

Minimum  or  maximum  penalties 62 

Minority,  Legal  age  of 57 

Narterre 94 

Netherlands  Mettray 103- 

Our  special  weakness 92. 

Parkhurst 85 

Penal  legislation 22 

Pentonville  prison. 85 

Physical  exercise  in  prisons 44 

Physical  education  for  minors. 62 

Pols,  M. ,  Response  of 16 

Preventive  means 50- 

Prevention  of  prostitution 64 

Prison  administration 38 

Prison  at  Louvain 105 

Prison  journals 51 

Prison  labor 391 

Prison  libraries 51 

Prison  schools 51 

Prisoners'  aid  societies 76 

Prisons  for  women 39 

Prisons  of  Belgium 104 

Prisons  of  Holland 102 

Prisons  of  Switzerland 96 

Probation 26,34,36,75 

Proposed  improvements  in  England 92 

Prostitution,  Prevention  of... 64 

Prussian  prison 1 00- 


INDEX.                                                         .  139 

Page. 

Punishments 42 

Receptions  and  excursions 6? 

Recidivists 22 

Recommendations  by  the  United  States  delegates 7«> 

Recompenses,  The  multiplication  of 41 

Reformatory  prisons . . 76 

Reformatory  system,  R.  W.  McClaughry 47 

Relapsed  criminals 22 

Response  of  M.  Pols 16 

Royal  Prussian  prison .._ 121 

Rotterdam . 104 

School  for  warders 96 

Schools  and  houses  of  correction 60 

Scotch  prisons 84 

Spain,  Discharged  convicts  in 125 

St.  Gall 97 

Statistics  of  crime 76 

Supervision  of  children  placed  in  families 63 

Supervision  of  discharged  convicts.. ...'-... 50 

Switzerland,  Discharged  convicts  in 127 

Swiss  prisons 96 

Sweden,  Discharged  convicts  in 127 

Training  ship  Akbar. 89 

Transportation 23 

United  States  delegation,  Organization  of 13 

United  States  jails 75 

Vagrancy 54 

Visiting  committees 80* 


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